Examples of Receiving Creditor in a sentence
Without limiting the rights and remedies of the other Creditors, to the extent the Wrong Payments have been received and applied by the Receiving Creditor making the turnover of the same impossible, the Receiving Creditor agrees that such Wrong Payments shall be netted against future payments to which it is entitled under the relevant Financing Documents.
Accordingly, each Creditor hereby agrees that in the event (a) an event described in clauses (x) or (y) above shall have occurred, (b) any Creditor shall receive a Sharing Payment (a "Receiving Creditor"), and (c) any other Creditor shall not concurrently receive its Pro Rata Share of Sharing Payments from the same Subsidiary Guarantor or THC Systems, Inc.
Upon the appointment of the Distribution Agent, each Receiving Creditor shall remit any amounts subject to sharing under this Section 2.1 to the Distribution Agent for distribution in accordance with such procedures.
Any amounts remaining in the Reserve Account following the expiration or satisfaction in full of the Loan Obligations in respect of the Letters of Credit for which such sums were held in reserve shall be applied against any Obligations remaining unpaid in accordance with this Section 3.2. Prior to the appointment of the Distribution Agent, as set forth in Section 3.3(a) hereof, each Receiving Creditor shall hold all Shared Payments received by it in trust for the benefit of all Creditors.
Any Receiving Creditor that sells a participation interest in Subject Obligations pursuant to the foregoing provisions of this paragraph shall retain all of such Creditor’s rights and obligations under this Agreement and applicable Facility Documents, including, without limitation, the right to enforce the provisions of this Agreement and the underlying Facility Documents and to approve any amendment, modification or waiver thereof.
Each Obligor and each Creditor agrees that, to the extent a Receiving Creditor does not retain all or any portion of a Shared Payment, such Receiving Creditor shall be deemed to have only applied the amount retained by such Receiving Creditor in payment of the Obligations owing to such Receiving Creditor.
In such event, the original payment by the Receiving Creditor in respect of the Excess Guaranty Payment shall be treated as not having been paid to or received by the other Creditors for purposes of the two preceding paragraphs.
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Upon the appointment of the Distribution Agent, each Receiving Creditor shall remit any Shared Payment received by it to the Distribution Agent for distribution in accordance with Section 3.2 hereof.
Whenever any Receiving Creditor receives a Subject Payment, it shall notify the other Creditors of such receipt and request that each such Creditor certify in writing the existence and amount of the Subject Obligations owed to such Creditor.