Withdrawals of Insurance Proceeds and Condemnation Awards Sample Clauses

Withdrawals of Insurance Proceeds and Condemnation Awards. To the extent that any Trust Moneys consist of either (a) the proceeds of insurance upon any part of the Collateral or (b) any award for or the proceeds of any of the Collateral being taken by eminent domain or sold pursuant to the exercise by the United States of America or any state, municipality or other governmental authority of any right which it may then have to purchase, or to designate a purchaser or to order a sale of any part of the Collateral, such Trust Moneys may be withdrawn by the Company or any Guarantor, as applicable, and shall be paid by the Collateral Agent upon a request by the Company or the applicable Guarantor by the proper officer or officers of the Company or the applicable Guarantor to reimburse the Company or the applicable Guarantor for expenditures made, or to pay costs incurred, by the Company or the applicable Guarantor to repair, rebuild or replace the property destroyed, damaged or taken, upon receipt by the Trustee and the Collateral Agent of the following:
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Withdrawals of Insurance Proceeds and Condemnation Awards. Subject to the provisions of the Collateral Documents, to the extent that any Trust Moneys consist of either (i) any Net Proceeds or (ii) any Net Award or the proceeds for any of the Collateral subject to a Taking sold pursuant to the exercise by the United States of America or any State, municipality or other governmental authority of any right which it may then have to purchase, or to designate a purchaser or to order a sale of any part of the Collateral, such Trust Moneys may be withdrawn by the Company and shall be paid by the Trustee upon a request by a Company Order to reimburse the Company for expenditures made, or to pay costs incurred, by the Company to repair, rebuild or replace the property destroyed, damaged or taken, upon receipt by the Trustee of the following:
Withdrawals of Insurance Proceeds and Condemnation Awards. (a) To the extent that any Trust Moneys consist of either (i) the proceeds of insurance upon any part of the Collateral or (ii) any award for or the proceeds from any of the Collateral being taken by eminent domain, expropriation or other similar governmental taking or a requisition for title or sold pursuant to the exercise by any governmental authority of any right which it may then have to purchase, or to designate a purchaser or to order a sale of any part of the Collateral, such Trust Moneys may be withdrawn by the Company or the applicable Subsidiary Guarantor and shall be paid by the Trustee upon a request by the Company to the Trustee by the proper officer or officers of the Company or the applicable Subsidiary Guarantor to reimburse the Company or the applicable Subsidiary Guarantor for expenditures made, or to pay costs incurred, by the Company or the applicable Subsidiary Guarantor to repair, rebuild or replace the property destroyed, damaged or taken upon receipt by the Trustee of an Officers’ Certificate dated not more than 30 days prior to the date of the application for the withdrawal and payment of such Trust Moneys, setting forth:
Withdrawals of Insurance Proceeds and Condemnation Awards. To the extent that any Trust Moneys consist of either (i) Net Insurance Proceeds or (ii) Condemnation Awards, such Trust Moneys may be withdrawn by the Company (or by a Subsidiary of the Company if title to the property damaged or taken was held by such Subsidiary, but only to the extent of the Net Insurance Proceeds or Condemnation Proceeds relating thereto) and shall be paid by the Trustee upon a Company Order to reimburse the Company or its Subsidiary for expenditures made, or to pay costs incurred, by the Company or its Subsidiary to repair, rebuild or replace the property destroyed, damaged or taken, upon receipt by the Trustee of the following:
Withdrawals of Insurance Proceeds and Condemnation Awards. Trust Moneys from time to time held in the Asset Sale Proceeds Account and the Specified Subsidiary Casualty Event Proceeds Account, and representing the Net Cash Proceeds of a Casualty Event (or investment earnings upon such Net Cash Proceeds), may be withdrawn by the Company and shall be paid by the Trustee to reimburse the Company for expenditures made, or to pay costs incurred, by the Company or the Restricted Subsidiary that was the subject of such Casualty Event to repair, rebuild or replace the Property destroyed, damaged or taken, upon receipt by the Trustee of the following:
Withdrawals of Insurance Proceeds and Condemnation Awards. To the extent that any Trust Moneys consist of either (a) the proceeds of insurance upon any part of the Noteholder Collateral or (b) any award for or the proceeds of any of the Noteholder Collateral being taken by eminent domain or sold pursuant to the exercise by the United States of America or any state, municipality or other governmental authority of any right which it may then have to purchase, or to designate a purchaser or to order a sale of any part of the Noteholder Collateral, the Borrower or any Guarantor may direct the Collateral Agent by the proper officer or officers of the Borrower or the applicable Guarantor to (1) reimburse the Borrower or the applicable Guarantor for expenditures made, or to pay costs incurred, by the Borrower or the applicable Guarantor to repair, rebuild or replace the property destroyed, damaged or taken, or (2) remit payment directly to third party contractors or suppliers to enable the Borrower or any Guarantor to acquire additional property or assets that constitute Noteholder Collateral (whether or not in replacement of the property destroyed, damaged or taken). The Collateral Agent shall disburse such Trust Moneys upon receipt by the Collateral Agent of the following:
Withdrawals of Insurance Proceeds and Condemnation Awards. Subject to the provisions of the Security Documents, to the extent that any Trust Moneys consist of either (i) any Net Casualty Proceeds or (ii) any Net Award or the proceeds for any of the Collateral subject to a Taking sold pursuant to the exercise by the United States of America or any state, municipality or other governmental authority of any right which it may then have to purchase, or to designate a purchaser or to order a sale of any part of the Collateral, such Trust Moneys may be withdrawn by the Company and shall be paid by the Trustee upon a request by a Company Order to reimburse the Company for expenditures made, or to pay costs incurred, by the Company to repair, rebuild or replace the property destroyed, damaged or taken, upon receipt by the Trustee of the following: (a) an Officers' Certificate of the Company, dated not more than 30 days prior to the date of the application for the withdrawal and payment of such Trust Moneys: (i) that expenditures have been made, or costs incurred, by the Company in a specified amount for the purpose of making certain repairs, rebuildings and replacements of the Collateral, which shall be briefly described, and stating the fair value thereof to the Company at the date of the expenditure or incurrence thereof by the Company; (ii) that no part of such expenditures or costs has been or is being made the basis for the withdrawal of any Trust Moneys in any previous or then pending application pursuant to this Section 11.2; (iii) that there is no outstanding Indebtedness, other than costs for which payment is being requested, for the purchase price or construction of such repairs, rebuildings or replacements, or for labor, wages, materials or supplies in connection with the making thereof, which, if unpaid, might become the basis of a vendors', mechanics', laborers', materialmen's, statutory or other similar Lien upon any of such repairs, rebuildings or replacements, which Lien might, in the opinion of the signers of such certificate, materially impair the security afforded by such repairs, rebuildings or replacements; (iv) that the property to be repaired, rebuilt or replaced is necessary or desirable in the conduct of the Company's business; (v) whether any part of such repairs, rebuildings or replacements within six months before the date of acquisition thereof by the Company has been used or operated by any person other than the Company in a business similar to that in which such property has been or is to be...
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Withdrawals of Insurance Proceeds and Condemnation Awards. Subject to the provisions of the Intercreditor Agreement and the Collateral Documents, to the extent that any Trust Moneys consist of either (i) any Net Proceeds from an Asset Sale or (ii) any Net Proceeds from a taking or pursuant to the exercise by the United States of America or any state, municipality or other governmental authority of any right which it may then have to purchase, or to designate a purchaser or to order a sale of any part of the Collateral, such Trust Moneys may be withdrawn by the Company and shall be paid by the Trustee upon a request by the Company to reimburse the Company for expenditures made, or to pay costs incurred, by the Indenture Company to repair, rebuild or replace the property destroyed, damaged or taken, upon receipt by the Trustee of the following:
Withdrawals of Insurance Proceeds and Condemnation Awards. To the extent that any Trust Moneys consist of either (a) any Net Proceeds or (b) any Net Award or the proceeds of any of the Collateral subject to a Taking or sold pursuant to the exercise by the United States of America or any state, municipality or other governmental authority of any right which it may then have to purchase, or to designate a purchaser or to order a sale of any part of the Collateral, such Trust Moneys may be withdrawn by the Company and shall be paid by the Trustee upon a request by the Company by the proper officer or officers of the Company to reimburse the Company for expenditures made, or to pay costs incurred, by the Company to repair, rebuild or replace the property destroyed, damaged or taken, upon receipt by the Trustee of the following:
Withdrawals of Insurance Proceeds and Condemnation Awards. To the extent that any Trust Moneys consist of either (a) the proceeds of insurance upon any part of the Collateral or (b) any award for or the proceeds of any of the Collateral being taken by eminent domain or sold pursuant to the exercise by the United States of America or any state, municipality or other governmental authority of any right which it may then have to purchase, or to designate a purchaser or to order a sale of any part of the Collateral, such Trust Moneys may be withdrawn by the Company and shall be paid by the Collateral Agent upon a request by the Company by the proper officer or officers of the Company to reimburse the Company or a Guarantor for expenditures made, or to pay costs incurred, by the Company or a Guarantor to repair, rebuild or replace the property destroyed, damaged or taken, upon receipt by the Collateral Agent of the following:
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