Common use of Appropriations Clause in Contracts

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender (or any trustee or agent on its behalf) may: (A) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (B) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's liability under this Clause 2.

Appears in 2 contracts

Sources: Guarantee and Indemnity Agreement (MYT Netherlands Parent B.V.), Guarantee and Indemnity Agreement (MYT Netherlands Parent B.V.)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents and Swap Agreements have been irrevocably paid in full, each Finance Party and the Lender Swap Bank (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by that Finance Party or the Lender Swap Bank (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Guarantor shall be not entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any the Guarantor or on account of any the Guarantor's ’s liability under this Clause 217.

Appears in 2 contracts

Sources: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender each Finance Party (or any trustee or agent on its behalf) may: (A) subject to clause 6.9 (Claims under a Letter of Credit), refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (B) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's ’s liability under this Clause 2clause 16.

Appears in 2 contracts

Sources: Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)

Appropriations. Until all amounts which may be or become payable by the Obligors Credit Parties under or in connection with the Finance Credit Documents have been irrevocably paid in full, the each Lender Creditor (or any trustee or agent on its behalf) may: (Ai) refrain from applying or enforcing any other moneys, security or rights held or received by the that Lender Creditor (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether ​ ​ -122- ​ ​ ​ ​ against those amounts or otherwise) and no the Guarantor shall not be entitled to the benefit of the same; and (Bii) hold in an interest-bearing suspense account any moneys received from any the Guarantor or on account of any the Guarantor's ’s liability under this Clause 2Section 15.

Appears in 2 contracts

Sources: Loan Agreement (NCL CORP Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.)

Appropriations. Until all amounts which may be or become payable by the Obligors and the High Yield Hedging Counterparties under or in connection with the Finance Guaranteed Documents have been irrevocably paid in full, the Lender each Beneficiary (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Beneficiary (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's liability under this Clause 214.

Appears in 2 contracts

Sources: Facility Agreement (Liberty Global, Inc.), Amendment and Restatement Agreement (Unitedglobalcom Inc)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender (or any trustee or agent on its behalf) maymay following an Event of Default which is continuing: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Guarantor shall not be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any the Guarantor or on account of any the Guarantor's ’s liability under this Clause 27.

Appears in 2 contracts

Sources: Term Facility Agreement (Grindrod Shipping Holdings Ltd.), Term Facility Agreement (Grindrod Shipping Holdings Ltd.)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with this Trust Deed and the Finance Documents Notes have been irrevocably paid in full, the Lender Trustee and each Noteholder (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender such Person (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing a suspense account any moneys received from any Guarantor or on account of any Guarantor's liability under this Clause 26.

Appears in 2 contracts

Sources: Trust Deed, Trust Deed

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Loan Documents have been irrevocably and indefeasibly paid in full, the Lender (or any trustee or agent on its behalf) may: (Ai) refrain from applying or enforcing any other moneys, security security, guaranties or rights held or received by the Lender (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bii) hold in an interest-bearing a suspense account any moneys received from any Guarantor or on account of any that Guarantor's ’s liability under this Clause 2Guaranty without liability to pay interest on those moneys.

Appears in 1 contract

Sources: Credit Agreement (Elandia, Inc.)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably and indefeasibly paid in full, the Lender each Finance Party (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security security, guaranties or rights held or received by the Lender that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing a suspense account any moneys received from any Guarantor or on account of any that Guarantor's ’s liability under this Clause 2Guaranty without liability to pay interest on those moneys.

Appears in 1 contract

Sources: Credit Agreement (Warp Technology Holdings Inc)

Appropriations. Until all amounts which may be or become payable by the Obligors and the High Yield Hedging Counterparties under or in connection with the Finance Guaranteed Documents have been irrevocably paid in full, the Lender each Beneficiary (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Beneficiary (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's ’s liability under this Clause 221.

Appears in 1 contract

Sources: Senior Secured Credit Facility (Liberty Global PLC)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, while an Event of Default is continuing, the Lender (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's ’s liability under this Clause 218.

Appears in 1 contract

Sources: Facility Agreement

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender each Finance Party (or any trustee (Treuhänder) or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Finance Party (or any trustee (Treuhänder) or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's ’s liability under this Clause 217 (Guarantee and indemnity).

Appears in 1 contract

Sources: Term Loan Facility Agreement (Sappi LTD)

Appropriations. Until all amounts which may be or become payable by the Obligors Issuer under or in connection with the Finance Documents have been irrevocably and indefeasibly paid in full, the Lender each Secured Party (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security security, guaranties or rights held or received by the Lender that Secured Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Parent Guarantor shall not be entitled to the benefit of the same; and (Bb) hold in an interest-bearing a suspense account any moneys received from any the Parent Guarantor or on account of any the Parent Guarantor's ’s liability under this Clause 2Guaranty, without liability to pay interest on those moneys.

Appears in 1 contract

Sources: Guaranty (Melco Crown Entertainment LTD)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably and indefeasibly paid in full, the Lender each Finance Party (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security security, guaranties or rights held or received by the Lender that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Guarantor shall not be entitled to the benefit of the same; and (Bb) hold in an interest-bearing a suspense account any moneys received from any the Guarantor or on account of any the Guarantor's ’s liability under this Clause 2Guaranty, without liability to pay interest on those moneys.

Appears in 1 contract

Sources: Guaranty (EnerSys)

Appropriations. Until all amounts which may be or become payable by the Obligors Borrower under or in connection with the Finance Documents have been irrevocably paid in full, the Lender Security Trustee and each other Finance Party (or any trustee or agent on its behalf) may: (A) 2.8.1 refrain from applying or enforcing any other moneys, security or rights held or received by the Lender Security Trustee or that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Guarantor shall not be entitled to the benefit of the same; and (B) 2.8.2 hold in an interest-bearing suspense account any moneys received from any the Guarantor or on account of any Guarantor's its liability under this Clause 2Deed.

Appears in 1 contract

Sources: Guarantee (Micron Technology Inc)

Appropriations. Until all amounts which may be or become payable by the Obligors Guarantor and the members of the Group under or in connection with the Finance Documents have been irrevocably paid in full, the Lender each Finance Party (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Guarantor shall not be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any the Guarantor or on account of any the Guarantor's liability under this Clause 213.

Appears in 1 contract

Sources: Loan Note Agreement (Weather Investments II S.a.r.l.)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents other than the Offtake Agreement have been irrevocably paid in full, the Lender (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's ’s liability under this Clause 217.

Appears in 1 contract

Sources: Senior Facilities Agreement (Asanko Gold Inc.)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender each Finance Party (or any trustee or agent on its behalf) maymay after the occurrence of a Default: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's liability under this Clause 220 (Guarantee and Indemnity).

Appears in 1 contract

Sources: Facility Agreement (Kronos Worldwide Inc)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender while a Default is continuing each Finance Party (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys bearing interest at market rates received from any Guarantor or on account of any Guarantor's ’s liability under this Clause 221.

Appears in 1 contract

Sources: Facility Agreement (Rio Tinto PLC)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with Borrower pursuant to the Finance Documents terms of the Loan Agreement have been irrevocably paid in full, the Lender (or any trustee or agent on its behalf) may: : (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's liability under this Clause 2Guarantee.

Appears in 1 contract

Sources: Deed of Guarantee (Wimm Bill Dann Foods Ojsc)

Appropriations. Until all amounts which may be or become payable by the Obligors Debtors or the Parent under or in connection with the Finance Documents and the Hedging Agreements have been irrevocably paid in full, the Lender each External Creditor (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that External Creditor (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's ’s liability under this Clause 215.

Appears in 1 contract

Sources: Intercreditor Agreement

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender each Finance Party (or any trustee or agent on its behalf) maymay after the occurrence of a Default: (Ai) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bii) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's liability under this Clause 2‎21 (Guarantee and Indemnity).

Appears in 1 contract

Sources: Fifth Amendment Agreement (Kronos International Inc)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender each Finance Party (or any trustee or agent on its behalf) maymay without affecting the liability of the Guarantor under this Clause 10: (A) 10.7.1 refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Guarantor shall not be entitled to the benefit of the same; and (B) 10.7.2 hold in an interest-bearing suspense account any moneys received from any the Guarantor or on account of any the Guarantor's liability under this Clause 210.

Appears in 1 contract

Sources: Common Terms Agreement (Anooraq Resources Corp)

Appropriations. Until all amounts which may be or become payable by the Obligors Company under or in connection with the Finance Documents have been irrevocably paid in full, the Lender Board (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender Board (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Guarantor shall not be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any the Guarantor or on account of any the Guarantor's ’s liability under this Clause 211 (Guarantee and Indemnity).

Appears in 1 contract

Sources: Term Loan Facility Agreement (GLOBALFOUNDRIES Inc.)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's liability under this Clause 214.

Appears in 1 contract

Sources: Working Capital Bridge Facility Agreement (Moscow Cablecom Corp)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Transaction Documents have been irrevocably paid in full, the Lender Buyer (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender Buyer (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Guarantor shall not be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's ’s liability under this Clause 213.

Appears in 1 contract

Sources: Prepayment Agreement (GeoPark LTD)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no the Guarantor shall not be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any the Guarantor or on account of any the Guarantor's liability under this Clause 217.

Appears in 1 contract

Sources: Facility Agreement (Far East Energy Corp)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender each Finance Party (or any trustee or agent on its behalf) maymay after the occurrence of a Default: (Ai) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Finance Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bii) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's liability under this Clause 229.

Appears in 1 contract

Sources: Third Amendment Agreement (Kronos International Inc)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full, the Lender each Finance Party and Hedge Counterparty (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Finance Party or Hedge Counterparty (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any Guarantor or on account of any Guarantor's ’s liability under this Clause 220.

Appears in 1 contract

Sources: Facilities Agreement (Noble International, Ltd.)

Appropriations. Until all amounts which may be or become payable by the Obligors under or in connection with the Finance this Agreement and any Other Documents have been irrevocably paid in full, each of the Lender Agent and the Lenders (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Agent or any Lender (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit (whether against those amounts or otherwise) and no Guarantor shall be entitled to the benefit of the same; and and (Bb) hold in an interest-bearing a suspense account any moneys received from any Guarantor or on account of any the Guarantor's liability under this Clause 2Section 4, without liability to pay interest on those moneys.

Appears in 1 contract

Sources: Supplement Revolving Multicurrency Credit Agreement (Styrochem U S Inc)

Appropriations. Until all amounts which may be or become payable by the Obligors Borrower B under or in connection with the Finance Documents Master Agreement have been irrevocably paid in full, the Lender each Creditor Party (or any trustee or agent on its behalf) may: (Aa) refrain from applying or enforcing any other moneys, security or rights held or received by the Lender that Creditor Party (or any trustee or agent on its behalf) in respect of those amounts, or apply and enforce the same in such manner and order as it sees fit considers necessary (acting reasonably) (whether against those amounts or otherwise) and no the Hedge Guarantor shall not be entitled to the benefit of the same; and (Bb) hold in an interest-bearing suspense account any moneys received from any the Hedge Guarantor or on account of any the Hedge Guarantor's liability under this Clause 232.

Appears in 1 contract

Sources: Loan Agreement (Costamare Bulkers Holdings LTD)