Common use of Mixed Collateral Proceeds Clause in Contracts

Mixed Collateral Proceeds. Notwithstanding anything to the contrary contained in this Agreement (including in the definitions of ABL Priority Collateral and Term Priority Collateral), in the event that proceeds of Collateral are received from (or are otherwise attributable to the value of) a sale or other disposition of Collateral that involves a combination of ABL Priority Collateral (other than ABL Exclusive Collateral) and Term Priority Collateral, the portion of such proceeds that shall be allocated as proceeds of ABL Priority Collateral (other than ABL Exclusive Collateral) for purposes of this Agreement shall be an amount equal to the net book value of such ABL Priority Collateral (except in the case of Accounts and cash, which amount shall be equal to the face amount of such Accounts and cash). In addition, notwithstanding anything to the contrary contained in this Agreement (including in the definitions of ABL Priority Collateral and Term Priority Collateral), to the extent proceeds of Collateral are proceeds received from (or are otherwise attributable to the value of) the sale or disposition of all or substantially all of the Equity Interests of any of the Subsidiaries of Holdings which is a Credit Party, or all or substantially all of the assets of any such Subsidiary, such proceeds shall constitute (1) first, in an amount equal to the face amount of the Accounts and cash (other than to the extent constituting identifiable proceeds of Term Priority Collateral) and the net book value of the Inventory owned by such Subsidiary at the time of such sale or disposition, ABL Priority Collateral and (2) second, to the extent in excess of the amounts described in preceding clause (1),

Appears in 1 contract

Samples: Abl Credit Agreement (Hayward Holdings, Inc.)

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Mixed Collateral Proceeds. Notwithstanding anything to the contrary contained in this Agreement (including above or in the definitions definition of the ABL Priority Collateral and Term or Notes Priority Collateral), in the event that proceeds of Common Collateral are received from (or are otherwise attributable to the value of) a sale or other disposition of Common Collateral that involves a combination of ABL Priority Collateral (other than ABL Exclusive Collateral) and Term Notes Priority Collateral, the portion of such proceeds that shall be allocated as proceeds of ABL Priority Collateral (other than ABL Exclusive Collateral) for purposes of this Agreement shall be an amount equal to the net book value of such ABL Priority Collateral (except in the case of Accounts and cash, which amount shall be equal to the face amount of such Accounts and cashAccounts). In addition, notwithstanding anything to the contrary contained in this Agreement (including above or in the definitions definition of the ABL Priority Collateral and or Term Loan Priority Collateral), to the extent proceeds of Collateral are proceeds received from (or are otherwise attributable to the value of) the sale or disposition of all or substantially all of the Equity Interests Capital Stock of any Subsidiary of the Subsidiaries of Holdings Borrower which is a Credit Party, Loan Party or all or substantially all of the assets of any such Subsidiary, such proceeds shall constitute (1) first, in an amount equal to the face amount of the Accounts and cash (other than to the extent constituting identifiable proceeds of Term Priority Collateral) and the net book value of the Inventory all other ABL Priority Collateral owned by such Subsidiary at the time of such sale or dispositionsale, ABL Priority Collateral and (2) second, to the extent in excess of the amounts described in preceding clause (1),, Term Loan Priority Collateral.

Appears in 1 contract

Samples: Intercreditor Agreement (Us Concrete Inc)

Mixed Collateral Proceeds. Notwithstanding anything to the contrary contained in this Agreement (including above or in the definitions definition of the ABL Priority Collateral and or Term Loan Priority Collateral), in the event that proceeds of Collateral are received from (or are otherwise attributable to the value of) a sale or other disposition of Collateral that involves a combination of ABL Priority Collateral (other than ABL Exclusive Collateral) and Term Loan Priority Collateral, the portion of such proceeds that shall be allocated as proceeds of ABL Priority Collateral (other than ABL Exclusive Collateral) for purposes of this Agreement shall be an amount equal to the net book value of such ABL Priority Collateral (except in the case of Accounts and cash, which amount shall be equal to the face amount of such Accounts and cashAccounts). In addition, notwithstanding anything to the contrary contained in this Agreement (including above or in the definitions definition of the ABL Priority Collateral and or Term Loan Priority Collateral), to the extent proceeds of Collateral are proceeds received from (or are otherwise attributable to the value of) the sale or disposition of all or substantially all of the Equity Interests Capital Stock of any of the Subsidiaries of Holdings Parent which is a Credit Party, Grantor or all or substantially all of the assets of any such Subsidiary, such proceeds shall constitute (1) first, in an amount equal to the face amount of the Accounts (as described in clause (i) of the definition of ABL Priority Collateral, and cash (other than excluding any Accounts to the extent constituting identifiable proceeds of Term Priority Collateralexcluded pursuant to said clause (i)) and the net book value of the Inventory owned by such Subsidiary at the time of such sale or dispositionsale, ABL Priority Collateral and (2) second, to the extent in excess of the amounts described in the preceding clause (1),, Term Loan Priority Collateral.

Appears in 1 contract

Samples: Intercreditor Agreement (AdvancePierre Foods Holdings, Inc.)

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Mixed Collateral Proceeds. Notwithstanding anything to the contrary contained in this Agreement (including in the definitions of ABL Priority Collateral and Term Priority Collateral), in the event that proceeds of Collateral are received from (or are otherwise attributable to the value of) a sale or other disposition of Collateral that involves a combination of ABL Priority Collateral (other than ABL Exclusive Collateral) and Term Priority Collateral, the portion of such proceeds that shall be allocated as proceeds of ABL Priority Collateral (other than ABL Exclusive Collateral) for purposes of this Agreement shall be an amount equal to the net book value of such ABL Priority Collateral (except in the case of Accounts and cash, which amount shall be equal to the face amount of such Accounts and cash). In addition, notwithstanding anything to the contrary contained in this Agreement (including in the definitions of ABL Priority Collateral and Term Priority Collateral), to the extent proceeds of Collateral are proceeds received from (or are otherwise attributable to the value of) the sale or disposition of all or substantially all of the Equity Interests of any of the Subsidiaries of Holdings which is a Credit Party, or all or substantially all of the assets of any such Subsidiary, such proceeds shall constitute (1) first, in an amount equal to the face amount of the Accounts and cash (other than to the extent constituting identifiable proceeds of Term Priority Collateral) and the net book value of the Inventory owned by such Subsidiary at the time of such sale or disposition, ABL Priority Collateral and (2) second, to the extent in excess of the amounts described in preceding clause (1),

Appears in 1 contract

Samples: Security Agreement (Hayward Holdings, Inc.)

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