Common use of Order of Application Clause in Contracts

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)

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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

Samples: Agreement (Cboe Global Markets, Inc.)

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

Samples: Agreement (PCGI Intermediate Holdings LTD)

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

Samples: Agreement (Mohegan Tribal Gaming Authority)

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.)

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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

Samples: Agreement and Plan of Merger (Cartesian, Inc.)

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

Samples: Facilities Agreement (Elbit Imaging LTD)

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/)

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