THIRDLY any surplus shall be paid to the Borrower or to any other person appearing to be entitled to it.
THIRDLY 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 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 foregoing provisions of this Clause; and
THIRDLY in or towards payment pro rata of any principal due but unpaid under this Agreement and all amounts due under the Master Agreement in such order of application and/or in such proportions as the Lender may specify by notice to the Borrower;
THIRDLY to pay or to provide for any increased costs under any Transaction Specific Liquidity Facility Agreement entered into by the Replacement VFN Noteholder;
THIRDLY to pay or to provide for any increased costs under any Transaction Specific Liquidity Facility Agreement entered into by the Magenta;
THIRDLY in or towards satisfaction of any amounts representing management fees then due and payable by the Borrowers (or either of them) to the Approved Manager in connection with the Ships; and
THIRDLY the Interested Parties: first, Xx. Xxxxxxx Xxxxxxxx was a resident of Big Falls Village in the Toledo District. I say was, because soon after the conclusion of the hearing of this case, Xx. Xxxxxxxx was the victim of a dastardly criminal attack at his home in which he lost his life. I record the condolences of the court to his family and friends. However, Xx. Xxxxxxxx claimed to have obtained a lease through a Xx. Xxxxxxxx Xxxxxx, the second interested party, over an area of land used and occupied in the Golden Stream Village. As a result of activities by Xx. Xxxxxxxx in clearing land in Golden Stream in the face of objections from some residents who claimed they were threatened with loss of their crop and resources, an urgent application was made for an injunction restraining Xx. Xxxxxxxx. However, in the light of an undertaking by the then Attorney General who personally appeared, no order was made. It is of course, the case that that undertaking is in place until the conclusion of this case or an order made from the court discharging it.
THIRDLY in or towards payment PRO RATA of any principal due but unpaid; and
THIRDLY subject to each of the Changeover Date and the Senior Hedge Discharge Date (as defined in the Existing Security Deed) having occurred, to each High Yield Hedging Bank a sum equivalent to the proportion that the outstanding High Yield Hedging Exposure of such High Yield Hedging Bank bears to the outstanding High Yield Hedging Exposure of all the High Yield Hedging Banks.
