Additional Assets. Following the indefeasible payment in full of all Obligations (as defined in Amendment No. 3, dated September 21, 1999, to the Revolving Credit, Term Loan and Security Agreement, dated as of March 12, 1998, among Seller, the lenders named therein and PNC Bank, National Association, as agent) and the indefeasible payment in full of all obligations of Seller to Albion Alliance Mezzanine Fund, L.P., The Equitable Life Assurance Society of the United States, and Cellu Tissue Holdings, Inc., respectively, and provided that Buyer is not in default of any of its obligations under this Agreement, if there shall be any outstanding trade payables (the "Seller Trade Payables") owed to Buyer by Seller, Buyer shall at any time thereafter have the right, in its sole discretion, to take possession of any current assets or non-current assets of Seller (the "Additional Assets") in satisfaction of the Seller Trade Payables; provided, however, that the aggregate value of the Additional Assets shall not exceed the total amount of Seller Trade Payables.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Fonda Group Inc), Asset Purchase Agreement (Fonda Group Inc), Asset Purchase Agreement (Sf Holdings Group Inc)