Common use of Payments Held in Trust Clause in Contracts

Payments Held in Trust. In the event that notwithstanding Sections 4.1 and 4.2 above, Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Agent, and Guarantor covenants promptly to pay the same to the Agent.

Appears in 32 contracts

Samples: Guaranty Agreement (Enterprise Products Partners L P), Guaranty Agreement (Enterprise Products Partners L.P.), Guaranty Agreement (Enterprise Products Partners L.P.)

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Payments Held in Trust. In the event that notwithstanding Sections 4.1 8.09 and 4.2 8.10 above, any Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, such Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Administrative Agent, and each Guarantor covenants promptly to pay the same to the Administrative Agent.

Appears in 13 contracts

Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (MxEnergy Holdings Inc), Credit Agreement (Brigham Exploration Co)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 8.09 and 4.2 8.10 above, any Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, such Guarantor agrees to hold in trust for the Lenders Secured Parties an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Administrative Agent, and each Guarantor covenants promptly to pay the same to the Administrative Agent.

Appears in 6 contracts

Samples: Pledge Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 4.01 and 4.2 above4.02, the Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, the Guarantor agrees agrees: (a) to hold in trust for the Agent and the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees (b) that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Agent, for the benefit of the Agent and the Lenders; and the Guarantor covenants promptly to pay the same to the Agent.

Appears in 6 contracts

Samples: Guaranty Agreement (Queen Sand Resources Inc), Guaranty Agreement (Queen Sand Resources Inc), Guaranty Agreement (Queen Sand Resources Inc)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 4.01 and 4.2 4.02 above, Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Agent, and Guarantor covenants promptly to pay the same to the Agent.

Appears in 5 contracts

Samples: Credit Agreement (Buckeye GP Holdings L.P.), Credit Agreement (Buckeye Partners L P), Credit Agreement (Buckeye Partners L P)

Payments Held in Trust. In the event that notwithstanding ----------------------- Sections 4.1 and 4.2 above, Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Administrative Agent, and Guarantor covenants promptly to pay the same to the Administrative Agent.

Appears in 5 contracts

Samples: Guaranty Agreement (St Mary Land & Exploration Co), Guaranty Agreement (St Mary Land & Exploration Co), Guaranty Agreement (St Mary Land & Exploration Co)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 8.09 and 4.2 8.10 above, any Guarantor should receive any funds, payments, claims or distributions which is are prohibited by such Sections, such Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Administrative Agent, and each Guarantor covenants promptly to pay the same to the Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\)

Payments Held in Trust. In the event that that, notwithstanding Sections 4.1 and 4.2 aboveanything to the contrary in this Guaranty, Guarantor should receive any funds, paymentspayment, claims claim or distributions distribution which is prohibited by such Sectionsthis Guaranty, Guarantor agrees to hold in trust for the Lenders Administrative Agent an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to the Administrative Agent, and Guarantor covenants promptly to pay the same to the Administrative Agent.

Appears in 3 contracts

Samples: Guaranty Agreement (MGM Resorts International), Guaranty Agreement (MGM Resorts International), Limited Recourse Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)

Payments Held in Trust. In the event that notwithstanding ---------------------- Sections 4.1 and 4.2 above, Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Administrative Agent, and Guarantor covenants promptly to pay the same to the Administrative Agent.

Appears in 3 contracts

Samples: Guaranty Agreement (St Mary Land & Exploration Co), Guaranty Agreement (St Mary Land & Exploration Co), Guaranty Agreement (St Mary Land & Exploration Co)

Payments Held in Trust. In the event that that, notwithstanding Sections 4.1 and 4.2 aboveanything to the contrary in this Guaranty, Guarantor should receive any funds, paymentspayment, claims claim or distributions distribution which is prohibited by such Sectionsthis Guaranty, Guarantor agrees to hold in trust for the Lenders Agent an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to the Agent, and Guarantor covenants promptly to pay the same to the Agent.

Appears in 3 contracts

Samples: Guaranty of Recourse Carveouts (EnerJex Resources, Inc.), Hilton Worldwide Holdings Inc., Sothebys

Payments Held in Trust. In the event that notwithstanding Sections 4.1 Section 8.01 and 4.2 aboveSection 8.02, any Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, Guarantor agrees then it agrees: (a) to hold in trust for the Lenders Collateral Agent an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees (b) that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Collateral Agent, ; and Guarantor each Grantor covenants promptly to pay the same to the Collateral Agent.

Appears in 2 contracts

Samples: Security Agreement (Black Elk Energy Finance Corp.), Security Agreement (Black Elk Energy Finance Corp.)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 and 4.2 above, Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Administrative Agent, and Guarantor covenants promptly to pay the same to the Administrative Agent.

Appears in 2 contracts

Samples: Guaranty Agreement (Isramco Inc), Guaranty Agreement (Titan Exploration Inc)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 10.09 and 4.2 10.10 above, any Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, such Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Agent, and each Guarantor covenants promptly to pay the same to the AgentAgent for the benefit of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (North American Galvanizing & Coatings Inc), Credit Agreement (North American Galvanizing & Coatings Inc)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 8.08 and 4.2 8.09 above, any Guarantor should receive any funds, payments, claims or distributions which is are prohibited by such Sections, such Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all such funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Administrative Agent, and each Guarantor covenants promptly to pay the same to the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Vantage Drilling CO), Credit Agreement (Vantage Drilling International)

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Payments Held in Trust. In the event that that, notwithstanding Sections 4.1 and 4.2 above, Guarantor should receive any funds, paymentspayment, claims claim or distributions distribution which is prohibited by such Sections, Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of Collateral Agent, in kind, all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions so received except to pay them promptly to Collateral Agent, for the Agentbenefit of the Guaranteed Credit Parties, and Guarantor covenants promptly to pay the same to the Collateral Agent.

Appears in 2 contracts

Samples: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 and 4.2 above, Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, Guarantor agrees to hold in trust for the Lenders Banks an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Agent, and Guarantor covenants promptly to pay the same to the Agent.

Appears in 1 contract

Samples: Guaranty Agreement (Enterprise Products Partners L P)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 and 4.2 above, Guarantor should receive any funds, payments, claims or distributions which is are prohibited by such Sections, Guarantor agrees to hold in trust for the Lenders Noteholders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Agent, and Guarantor covenants promptly to pay the same to the Agent.

Appears in 1 contract

Samples: Security Agreement (Brigham Holdings Ii LLC)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 and 4.2 above, Guarantor should receive any funds, funds payments, claims or distributions which is prohibited by such Sections, Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Agent, and Guarantor covenants promptly to pay the same to the Agent.

Appears in 1 contract

Samples: Guaranty Agreement (Brigham Exploration Co)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 8.09 and 4.2 8.10 above, any Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, such Guarantor agrees to hold in trust for the Lenders Participants an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Administrative Agent, and each Guarantor covenants promptly to pay the same to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Willbros Group Inc)

Payments Held in Trust. In the event that that, notwithstanding Sections 4.1 SECTIONS 4.01 and 4.2 4.02 above, any Guarantor should receive any funds, paymentspayment, claims claim or distributions distribution which is prohibited by such Sections, each Guarantor agrees to hold in trust for the Lenders Agent an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions distributions, except to pay them promptly to the Agent, and each Guarantor covenants promptly to pay the same to the Agent.

Appears in 1 contract

Samples: Note Purchase Agreement (Ace Cash Express Inc/Tx)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 8.08 and 4.2 8.09 above, any Guarantor should receive any funds, payments, claims or distributions which is are prohibited by such Sections, such Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all such funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Collateral Agent, and each Guarantor covenants promptly to pay the same to the Collateral Agent.

Appears in 1 contract

Samples: Credit Agreement (Vantage Drilling CO)

Payments Held in Trust. In the event that notwithstanding Sections 4.1 8.09 and 4.2 8.10 above, any Guarantor should receive any funds, payments, claims or distributions which is prohibited by such Sections, such Guarantor agrees to hold in trust for the Lenders an amount equal to the amount of all funds, payments, claims or distributions so received, and agrees that it shall have absolutely no dominion over the amount of such funds, payments, claims or distributions except to pay them promptly to the Facility Agent, and each Guarantor covenants promptly to pay the same to the Facility Agent.

Appears in 1 contract

Samples: Credit Agreement (Vantage Drilling CO)

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