Examples of Shared Proceeds in a sentence
In addition, no Senior Creditor shall, by virtue of this Agreement, be required to share with any other Senior Creditor any payments or other amounts received from any Credit Party in respect of any indebtedness, liability or obligation of such Credit Party that (i) does not constitute Senior Indebtedness, (ii) does not arise under any agreement or instrument evidencing, governing or guaranteeing any Senior Indebtedness, and (iii) is not included within the definition of Shared Proceeds.
PBC, without basis, asserts that the Shared Proceeds mechanism necessarily classifies the proposed Settlement as a sub rosa plan and, again, fails to recognize that any Lender Distributions (i.e., non-estate property) shared with the Distribution Creditors will be collateral proceeds to which PBC does not have a superior right.
No Senior Creditor shall, by virtue of this Agreement, be required to share with any other Senior Creditor any payments, prepayments or other amounts received from any Credit Party in respect of the Senior Indebtedness owed to such Senior Creditor, except for the sharing of Shared Proceeds in accordance with the provisions of this Section 3.
The Final Allocation shall be adjusted by the Seller (with a copy sent to Buyer) for any subsequent adjustments to the purchase price for the Shares under this Agreement, including any Contingent Payment Amount and any Shared Proceeds Amount, provided that any such adjustment shall be consistent with the Final Allocation.
The distribution provisions of this Section 3 are for the purpose of determining the relative amounts of Shared Proceeds to be distributed to the Senior Creditors in respect of the Senior Indebtedness and not for the purpose of creating an agreement among the parties as to the manner in which any proceeds or payments distributed to them are actually to be applied to pay the Senior Indebtedness of any Credit Party.
If any Senior Creditor shall receive any Shared Proceeds (any such Shared Proceeds, less any costs and expenses, including, without limitation, attorneys' fees and expenses, incurred by the Noteholders and Agent and the Banks in recovering such Shared Proceeds, is herein referred to as a "Payment to be Shared"), such Senior Creditor shall distribute the Payment to be Shared to the other Senior Creditors in the priority set forth in Section 3(c) hereof.
The distribution provisions of this SECTION 3 are for the purpose of determining the relative amounts of Shared Proceeds to be distributed to the Senior Creditors in respect of the Senior Indebtedness and not for the purpose of creating an agreement among the parties as to the manner in which any proceeds or payments distributed to them are actually to be applied to pay the Senior Indebtedness of any Credit Party.
If any Senior Creditor shall receive any Shared Proceeds (any such Shared Proceeds, less any costs and expenses, including, without limitation, attorneys' fees and expenses, incurred by any Senior Creditor in recovering such Shared Proceeds, is herein referred to as a "Payment to be Shared"), such Senior Creditor shall distribute the Payment to be Shared to the other Senior Creditors in the priority set forth in SECTION 3(C) hereof.
No Senior Creditor shall, by virtue of this Agreement, be required to share with any other Senior Creditor any payments, prepayments or other amounts received from any Credit Party in respect of the Senior Indebtedness owed to such Senior Creditor, except for the sharing of Shared Proceeds in accordance with the provisions of this SECTION 3.