Common use of Incorrect Payments Clause in Contracts

Incorrect Payments. If any payment or distribution on account of the Subordinated Debt not permitted to be made by any Loan Party or received by Subordinated Creditors under this Agreement is received by Subordinated Creditors before all Senior Debt is Paid in Full, such payment or distribution shall be held in trust by the Subordinated Creditors for the benefit of the holders of the Senior Debt, and shall be promptly paid over to the Senior Creditor Representative for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid in Full.

Appears in 3 contracts

Sources: Subordination and Intercreditor Agreement (Beneficient Co Group, L.P.), Subordination Agreement (GWG Holdings, Inc.), Credit Agreement (GWG Holdings, Inc.)

Incorrect Payments. If any payment or distribution Distribution on account of the Subordinated Debt not permitted to be made by any Loan Party or received accepted by Subordinated Creditors Creditor under this Agreement is received by Subordinated Creditors before all Senior Debt is Paid in FullCreditor, such payment or distribution Distribution shall not be commingled with any of the assets of Subordinated Creditor, shall be held in trust by the Subordinated Creditors Creditor for the benefit of the holders of the Senior Debt, Creditor and shall be promptly paid over to the Senior Creditor Representative Creditor, with any necessary endorsement, for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid in Full.

Appears in 1 contract

Sources: Subordination and Intercreditor Agreement (Sifco Industries Inc)

Incorrect Payments. If any payment or distribution on account of the Subordinated Subordinate Debt not permitted to be made by any Loan Party or received by Subordinated Creditors the Debtor under the terms of this Agreement is received by Subordinated Creditors before all Senior Debt is Paid in Fullmade, such payment or distribution shall not be commingled with any asset of the Subordinate Creditor, shall be held in trust by the Subordinated Creditors Subordinate Creditor for the benefit of Senior Creditors and the other holders of the Total Senior Debt, and shall be promptly paid over to the Administrative Agent (on behalf of the Senior Creditor Representative Creditors), for application (in accordance with the Senior Debt DocumentsCredit Agreement) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid in Full.

Appears in 1 contract

Sources: Credit Agreement (Brookfield Property Partners L.P.)

Incorrect Payments. If any payment or distribution on account of the Subordinated Debt not permitted to be made by the Borrower or any Loan Party other Obligor or to be received by the Subordinated Creditors Creditor under this Agreement is received by the Subordinated Creditors Creditor before all Senior Debt is Paid in Full, such payment or distribution shall be held in trust by the Subordinated Creditors Creditor for the benefit of the all holders of the Senior Debt, Debt and shall be promptly paid over to the Senior Creditor Representative Agent, or its designated representative, for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid in Full.

Appears in 1 contract

Sources: Subordination and Intercreditor Agreement (Aerocentury Corp)

Incorrect Payments. If any payment or distribution Distribution on account of the any Subordinated Debt not permitted to be made by the Company or accepted by any Loan Party or received by of the Subordinated Creditors under this Agreement is made and received by any Subordinated Creditors before all Senior Debt is Paid in FullCreditor, such payment or distribution Distribution shall not be commingled with any of the assets of such Subordinated Creditor, shall be held in trust by the such Subordinated Creditors Creditor for the benefit of the holders of the Senior Debt, Secured Parties and shall be promptly paid over to the Senior Creditor Representative Secured Parties for application (in accordance with the Senior Debt Documents) to the payment of the Senior Debt then remaining unpaid, until all of the Senior Debt is Paid paid in Fullfull.

Appears in 1 contract

Sources: Subordination and Intercreditor Agreement (Aura Systems Inc)