Common use of Noncash Proceeds Clause in Contracts

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (f) of this Section 2.18. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph (f)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Agent pursuant to this paragraph (g), the Administrative Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 8 contracts

Samples: Credit Agreement (Darling Ingredients Inc.), Credit Agreement (Darling Ingredients Inc.), Credit Agreement (Darling Ingredients Inc.)

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Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 2.10 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (fb) of this Section 2.182.10. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph (fb)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Agent pursuant to this paragraph (gc), the Administrative Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 7 contracts

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc), Credit Agreement (DIEBOLD NIXDORF, Inc), Credit Agreement (DIEBOLD NIXDORF, Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Collateral Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Collateral Agent to be distributed and shared pursuant to this Section 2.18 are in a form other than immediately available funds, the Administrative Collateral Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph clause (f) of this Section 2.18. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph clause (f)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Collateral Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Collateral Agent pursuant to this paragraph clause (g), the Administrative Collateral Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 7 contracts

Samples: Credit Agreement (Coty Inc.), Credit Agreement (Coty Inc.), Credit Agreement (Krispy Kreme, Inc.)

Noncash Proceeds. Notwithstanding anything contained herein to the contrarycontrary contained herein, if the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 4.9 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties Lenders shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (f) of this Section 2.18hereby. The Secured Parties Lenders shall receive the applicable portions (as determined in accordance with the foregoing paragraph (fSection 4.9(a)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and any when received by the Administrative Agent paid in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section 4.9 is held by the Administrative Agent pursuant to this paragraph clause (gb), the Administrative Agent shall hold such Collateral or other property for the benefit of the Secured Parties Lenders and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 5 contracts

Samples: Credit Agreement (Ezcorp Inc), Credit Agreement (Ezcorp Inc), Credit Agreement (Ezcorp Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 5.6 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (f) of this Section 2.18subsection 5.6(b). The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph forgoing clause (fb)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section 5.6 is held by the Administrative Agent pursuant to this paragraph clause (gc), the Administrative Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required LendersBanks.

Appears in 5 contracts

Samples: Credit Agreement (Darling International Inc), Credit Agreement (Bank One Corp), Security Agreement (Darling International Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (f) of this Section 2.184.08. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph (f)Section 4.08) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section 4.08 is held by the Administrative Agent pursuant to this paragraph (g)Section 4.09, the Administrative Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required LendersBanks.

Appears in 3 contracts

Samples: Credit Agreement (Empire Resources Inc /New/), Credit Agreement (Empire Resources Inc /New/), Credit Agreement (Empire Resources Inc /New/)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 2.17 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Lender Parties shall only be entitled to their undivided interests in the Collateral collateral or noncash proceeds as determined by paragraph (f) of this Section 2.182.17. The Secured Lender Parties shall receive the applicable portions (in accordance with the foregoing paragraph (f)) of any immediately available funds consisting of proceeds from such Collateral collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral collateral or other property to be shared pursuant to this Section is held by the Administrative Agent pursuant to this paragraph clause (g), the Administrative Agent shall hold such Collateral collateral or other property for the benefit of the Secured Lender Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 3 contracts

Samples: Credit Facility Agreement (Lennox International Inc), Credit Facility Agreement (Lennox International Inc), Credit Facility Agreement (Lennox International Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Collateral Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Collateral Agent to be distributed and shared pursuant to this Section 2.18 2.10 are in a form other than immediately available funds, the Administrative Collateral Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph clause (fb) of this Section 2.182.10. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph clause (f)b) of this Section 2.10) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Collateral Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Collateral Agent pursuant to this paragraph clause (gc), the Administrative Collateral Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc), Credit Agreement (DIEBOLD NIXDORF, Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, subject to the Orders, if the Administrative Collateral Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Collateral Agent to be distributed and shared pursuant to this Section 2.18 2.10 are in a form other than immediately available funds, the Administrative Collateral Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (fb) of this Section 2.182.10. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph (fb)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Collateral Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section 2.10 is held by the Administrative Collateral Agent pursuant to this paragraph (gc), the Administrative Collateral Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc), Credit Agreement (DIEBOLD NIXDORF, Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 2.17 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral collateral or noncash proceeds as determined by paragraph (f) of this Section 2.182.17. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph (f)) of any immediately available funds consisting of proceeds from such Collateral collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral collateral or other property to be shared pursuant to this Section is held by the Administrative Agent pursuant to this paragraph clause (g), the Administrative Agent shall hold such Collateral collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 2.17 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Lender Parties shall only be entitled to their undivided interests in the Collateral collateral or noncash proceeds as determined by paragraph (f) of this Section 2.182.17. The Secured Lender Parties shall receive the applicable portions (in accordance with the foregoing paragraph (f)) of any immediately available funds consisting of proceeds from such Collateral collateral or proceeds SIXTH AMENDED AND RESTATED CREDIT FACILITY AGREEMENT, Page 47 of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral collateral or other property to be shared pursuant to this Section is held by the Administrative Agent pursuant to this paragraph clause (g), the Administrative Agent shall hold such Collateral collateral or other property for the benefit of the Secured Lender Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Credit Facility Agreement (Lennox International Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph clause (f) of this Section 2.18. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph clause (f)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Agent pursuant to this paragraph clause (g), the Administrative Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Security Agreement (Darling International Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Collateral Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Collateral Agent to be distributed and shared pursuant to this Section 2.18 2.10 are in a form other than immediately available funds, the Administrative Collateral Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (fb) of this Section 2.182.10. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph (fb)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Collateral Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Collateral Agent pursuant to this paragraph (gc), the Administrative Collateral Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if pursuant to the Collateral Documents the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (fh) of this Section 2.18Section. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph (fh)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Agent pursuant to this paragraph clause (gi), the Administrative Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Term Loan Agreement (Smithfield Foods Inc)

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Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Collateral Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral Proceeds received by the Administrative Collateral Agent (or received directly by any Bank) to be distributed and shared pursuant to this Section 2.18 Agreement are in a form other than immediately available funds, the Administrative Agent party receiving such Collateral or Proceeds shall not be required to remit any share thereof under the terms hereof and the Secured Parties Banks shall only be entitled to their undivided interests in the Collateral or noncash proceeds Proceeds as determined by paragraph (f) of this Section 2.18hereby. The Secured Parties Banks shall receive the applicable portions (in accordance with the foregoing paragraph (f)) Pro Rata Shares of any immediately available funds consisting of proceeds Proceeds from such noncash Collateral or proceeds of such noncash proceeds Proceeds so acquired only if and when received by the Administrative Agent paid in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section Agreement is held by the Administrative Collateral Agent pursuant to this paragraph (g)Section 4.F., the Administrative Collateral Agent shall hold such Collateral or other property for the benefit of the Secured Parties Banks in accordance with their respective undivided interest therein and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required LendersBanks.

Appears in 1 contract

Samples: Intercreditor Agreement (Peerless Manufacturing Co)

Noncash Proceeds. Notwithstanding anything contained herein to the contrarycontrary contained herein, if the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 4.9 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties Lenders shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (f) of this Section 2.18hereby. The Secured Parties Lenders shall receive the applicable application portions (in accordance with the foregoing paragraph (fSection 4.9(a)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and any when received by the Administrative Agent paid in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section 4.9 is held by the Administrative Agent pursuant to this paragraph clause (gb), the Administrative Agent shall hold such Collateral or other property for the benefit of the Secured Parties Lenders and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Ezcorp Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 2.14 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral collateral or noncash proceeds as determined by paragraph (f) of this Section 2.182.14. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph (f)) of any immediately available funds consisting of proceeds from such Collateral collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral collateral or other property to be shared pursuant to this Section is held by the Administrative Agent pursuant to this paragraph clause (g), the Administrative Agent shall hold such Collateral collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Assignment and Assumption (Lennox International Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 2.10 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (fb) of this Section 2.182.10. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph (fb)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Agent pursuant to this paragraph (gc), the Administrative Agent shall hold such Collateral or other property for the benefit 509265-1946-Active.21307007.121307007.7 of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (DIEBOLD NIXDORF, Inc)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Collateral Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Collateral Agent to be distributed and shared pursuant to this Section 2.18 2.17(a) are in a form other than immediately available funds, the Administrative Collateral Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph clause (f) of this Section 2.182.17(a). The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph clause (f)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Collateral Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section 2.18 is held by the Administrative Collateral Agent pursuant to this paragraph clause (g), the Administrative Collateral Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Galleria Co.)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Collateral Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Collateral Agent to be distributed and shared pursuant to this Section 2.18 2.15 are in a form other than immediately available funds, the Administrative Collateral Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph clause (f) of this Section 2.182.15. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph clause (f)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Collateral Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Collateral Agent pursuant to this paragraph clause (g), the Administrative Collateral Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Cottage Holdco B.V.)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Agent to be distributed and shared pursuant to this Section 2.18 4.6 are in a form other than immediately available funds, the Administrative Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph (f) of this Section 2.184.6(b). The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph clause (fb)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section 4.6 is held by the Administrative Agent pursuant to this paragraph clause (gb), the Administrative Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (Universal Power Group Inc.)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Collateral Agent shall ever acquire any Collateral through foreclosure or by a 103 conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Collateral Agent to be distributed and shared pursuant to this Section 2.18 are in a form other than immediately available funds, the Administrative Collateral Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph clause (f) of this Section 2.18. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph clause (f)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Collateral Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Collateral Agent pursuant to this paragraph clause (g), the Administrative Collateral Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Coty Inc.)

Noncash Proceeds. Notwithstanding anything contained herein to the contrary, if the Administrative Collateral Agent shall ever acquire any Collateral through foreclosure or by a conveyance in lieu of foreclosure or by retaining any of the Collateral in satisfaction of all or part of the Obligations or if any proceeds of Collateral received by the Administrative Collateral Agent to be distributed and shared pursuant to this Section 2.18 are in a form other than immediately available funds, the Administrative Collateral Agent shall not be required to remit any share thereof under the terms hereof and the Secured Parties shall only be entitled to their undivided interests in the Collateral or noncash proceeds as determined by paragraph clause (f) of this Section 2.18. The Secured Parties shall receive the applicable portions (in accordance with the foregoing paragraph clause (f)) of any immediately available funds consisting of proceeds from such Collateral or proceeds of such noncash proceeds so acquired only if and when received by the Administrative Collateral Agent in connection with the subsequent disposition thereof. While any Collateral or other property to be shared pursuant to this Section is held by the Administrative Collateral Agent pursuant to this paragraph clause (g), the Administrative Collateral Agent shall hold such Collateral or other property for the benefit of the Secured Parties and all matters relating to the management, operation, further disposition or any other aspect of such Collateral or other property shall be resolved by the agreement of the Required Lenders.. (h)

Appears in 1 contract

Samples: Credit Agreement (Krispy Kreme, Inc.)

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