Order of Application. Subject to Clause 28.2 (Prospective liabilities), all amounts from time to time received or recovered by the Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 28, the "Recoveries") shall be held by the Security Agent on trust to apply them at any time as the Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 28), in the following order:
Appears in 2 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD)
Order of Application. Subject to Clause 28.2 30.2 (Prospective liabilities), all amounts from time to time received or recovered by the Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 2830, the "Recoveries") shall be held by the Security Agent on trust to apply them at any time as the Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 28)30, in the following order:
Appears in 2 contracts
Samples: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)
Order of Application. Subject to Clause 28.2 29.2 (Prospective liabilities), all amounts from time to time received or recovered by the Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 2829, the "Recoveries") shall be held by the Security Agent on trust to apply them for application at any time as the Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 2829), in the following order:
Appears in 1 contract
Order of Application. Subject to Clause 28.2 (Prospective liabilities), all amounts from time to time received or recovered by the Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 28, the "Recoveries") shall be held by the Security Agent on trust (for and on behalf of the Secured Parties) to apply them at any time as the Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 28), in the following order:
Appears in 1 contract
Order of Application. Subject to Clause 28.2 26.2 (Prospective liabilities), all amounts from time to time received or recovered by the any Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 2826, the "“Recoveries"”) shall be held by the that Security Agent on trust to apply them at any time as the that Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 2826), in the following order:
Appears in 1 contract
Samples: Amkor Technology, Inc.
Order of Application. Subject to Clause 28.2 29.2 (Prospective liabilitiesLiabilities), all amounts from time to time received or recovered by the Security Agent or any Receiver or Delegate pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of any security created by the Transaction Security Documents (for the purposes of this Clause 28Clause, the "“Recoveries"”) shall will be held by the Security Agent on trust to apply them at any time as the Security Agent in accordance with Clause 24.1 (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 28), in the following order:
Appears in 1 contract
Samples: Facility Agreement (IHS Holding LTD)
Order of Application. Subject to Clause 28.2 30.2 (Prospective liabilitiesLiabilities), all amounts from time to time received or recovered by the Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 2830, the "“Recoveries"”) shall be held by the Security Agent on trust to apply them at any time as the Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 28)30, in the following order:
Appears in 1 contract
Order of Application. Subject to Clause 28.2 26.2 (Prospective liabilities), all amounts from time to time received or recovered by the Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 2826, the "“Recoveries"”) shall be held by the Security Agent on trust to apply them at any time as the Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 2826), in the following order:
Appears in 1 contract
Samples: Facility Agreement (American Realty Capital Global Trust II, Inc.)
Order of Application. Subject to Clause 28.2 21.2 (Prospective liabilities), all amounts from time to time received or recovered by the Security Agent Lender pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security security constituted by this Deed (for the purposes of this Clause 2821, the "Recoveries") shall be held by the Security Agent Lender on trust to apply them at any time as the Security Agent Lender (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 2821), in the following order:
Appears in 1 contract
Order of Application. Subject to Clause 28.2 29.2 (Prospective liabilities), all amounts from time to time received or recovered by the Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 2829.1, the "“Recoveries"”) shall be held by the Security Agent on trust to apply them at any time as the Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 28)29.1, in the following order:
Appears in 1 contract
Order of Application. Subject to Clause 28.2 (Prospective liabilities)clause 27.2, all amounts from time to time received or recovered by the Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 28clause 27, the "Recoveries") shall be held by the Security Agent on trust to apply them at any time as the Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 28clause 27), in the following order:
Appears in 1 contract
Samples: Assignment Agreement (American Realty Capital Global Trust, Inc.)
Order of Application. Subject to Clause 28.2 25.2 (Prospective liabilities), all amounts from time to time received or recovered by the Security Agent pursuant to the terms of any Finance Document or Hedging Agreements or in connection with the realisation or enforcement of all or any part of the Transaction Security (for the purposes of this Clause 2825, the "Recoveries") shall be held by the Security Agent on trust to apply them at any time as the Security Agent (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 2825), in the following order:
Appears in 1 contract
Samples: Agreement (Diodes Inc /Del/)