FIFTHLY any surplus shall be paid to the Borrowers or to any other person appearing to be entitled to it.
FIFTHLY in retention of an amount equal to any amount not then due and payable under any Finance Document or the Master Agreement but which the Lender, by notice to the Borrower and the Security Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 16.1(a), 16.1(b), 16.1(c) and 16.1(d); and
FIFTHLY following the occurrence of an Event of Default, in retention of an amount equal to any amount not then due and payable under any Finance Document but which the Lender, by notice to the Borrower and the Security Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of this Clause; and
FIFTHLY in retention of an amount equal to any amount not then due and payable under any Master Agreement but which the relevant Swap Bank by notice to the Borrower, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of paragraph (d) Clause 17.1 (Normal order of application); and
FIFTHLY in payment to the Junior Mortgagee for application by the Junior Mortgagee in or towards satisfaction of all moneys owing under the Guarantee and the Junior Mortgage Documents;
FIFTHLY in retention of an amount equal to any amount not then due and payable under any Finance Document but which the Agent, by notice to the Borrower, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause 17.1(a), 17.1(b), 17.1(c) and 17.1(d); and
FIFTHLY once the Indebtedness has been repaid to the Lender, to the full satisfaction to the Lender, then any balances shall be paid to the Borrower.
FIFTHLY in retention of an amount equal to any amount not then due and payable under any Master Agreement which relates to a Designated Transactions but which the Agent, by notice to the Borrowers, the Security Parties and the other Creditor Parties, states in its opinion will or may become due and payable in the future and, upon those amounts becoming due and payable, in or towards satisfaction of them in accordance with the provisions of Clause (d); and
FIFTHLY in payment to the credit of a cash collateral account to be opened by MDV, a sum equal to the aggregate of the outstanding actual and contingent liabilities of MDV under or in connection with the Guarantee Facility issued by MDV (both for principal and profit fee/ commission); and which said sum standing to the credit of the collateral account shall be held by MDV and applied to meet all further payments as and when required to be made by MDV under such unexpired Guarantee Facility and the balance thereof after all such payments have been made under the Guarantee Facility, shall be paid to the Customer. Sixthly. in payment of the surplus (if any) to the Customer and/or any other person or persons entitled thereto after the payment in full of all liabilities of the Customer under this Agreement and the Transaction Documents be paid to or to the order of the Customer or such other person for the time being entitled thereto provided always that MDV shall be entitled at its absolute discretion to amend the order of payment as MDV deems fit. PROVIDED ALWAYS THAT notwithstanding any other provision in this Agreement to the contrary, if MDV shall be of the opinion that the moneys recovered or received by MDV from any proceedings instituted or steps taken under Section 14.02 may prove deficient, payments may be made to MDV on account of principal and any moneys (whether principal, profit or otherwise) received by MDV may be applied or appropriated by MDV in such manner and for such purpose as MDV may deem fit but such alteration in the order of payment shall not prejudice the right of MDV to receive the full amount to which it would have been entitled if the primary order of payment had been observed or any lesser amount which the sum ultimately realised from the security may be sufficient to pay.
FIFTHLY. Part of Block B, Plan 933, in the former Township of Euphrasia, now the Municipality of Grey Highlands, County of Grey, designated as Part 1, Plan 16R-3690. Sixthly: Part of Xxxx 0, 0, xxx 0 xxx xxxx xx Xxxxx Street on Plan 168 and Part of Lot 7, Concession 5, in the former Township of Euphrasia, now the Municipality of Grey Highlands, County of Grey, designated as Parts 2, 6, 10, 11, 12, 13, and 18, Plan 16R-8624. SCHEDULE ‘B’ SEWAGE UNIT CALCULATION One (1) Sewage Unit is equal to: (i) 1.0 residential lot (ii) 1.28 large condominium units (3 or more bedrooms)
