Common use of Establishment of Collateral Proceeds Account Clause in Contracts

Establishment of Collateral Proceeds Account. No later than the first date following the Issue Date on which the Company or any Guarantor receives any Net Proceeds that are expressly required pursuant to the provisions of Section 4.12 to be deposited into the Collateral Proceeds Account, there shall be established and, at all times thereafter until this Indenture shall have terminated, there shall be maintained with the Collateral Agent the Collateral Proceeds Account. The Collateral Proceeds Account shall be established and maintained by the Collateral Agent at the office of the Collateral Agent. For the avoidance of doubt, no other deposit account or securities account shall be, or shall be deemed to be, the Collateral Proceeds Account, and for purposes of this Indenture, “Trust Monies” shall include only Net Proceeds required to be deposited into the Collateral Proceeds Account pursuant to the terms of Section 4.12, amounts deposited in the Collateral Proceeds Account in accordance with the Security Agreement and any investment return in respect thereof received by the Collateral Agent. The Company shall cause all Net Proceeds expressly required by Section 4.12 to be deposited into the Collateral Proceeds Account to be so deposited in the Collateral Proceeds Account and any such Trust Monies shall be held by and under the dominion and control of the Collateral Agent for its benefit and for the benefit of the Secured Parties (as defined in the Security Agreement) as a part of the Collateral until released in accordance with this Article 16.

Appears in 2 contracts

Sources: Indenture (Horizon Lines, Inc.), Indenture (H-L Distribution Service, LLC)

Establishment of Collateral Proceeds Account. No later than the first date following the Issue Date on which the Company Issuer or any Guarantor receives any Net Proceeds that are expressly required pursuant to the provisions of Section 4.12 to be deposited into the Collateral Proceeds Account, there shall be established and, at all times thereafter until this Indenture shall have terminated, there shall be maintained with the Collateral Agent the Collateral Proceeds Account. The Collateral Proceeds Account shall be established and maintained by the Collateral Agent at the office of the Collateral Agent. For the avoidance of doubt, no other deposit account or securities account shall be, or shall be deemed to be, the Collateral Proceeds Account, and for purposes of this Indenture, “Trust Monies” shall include only Net Proceeds required to be deposited into the Collateral Proceeds Account pursuant to the terms of Section 4.12, amounts deposited in the Collateral Proceeds Account in accordance with the Security Agreement and any investment return in respect thereof received by the Collateral Agent. The Company Issuer shall cause all Net Proceeds expressly required by Section 4.12 to be deposited into the Collateral Proceeds Account to be so deposited in the Collateral Proceeds Account and any such Trust Monies shall be held by and under the dominion and control of the Collateral Agent for its benefit and for the benefit of the Secured Parties (as defined in the Security Agreement) as a part of the Collateral until released in accordance with this Article 16.

Appears in 2 contracts

Sources: Indenture (Horizon Lines, Inc.), Indenture (Horizon Lines, Inc.)

Establishment of Collateral Proceeds Account. No later than the first date following the Initial Issue Date on which the Company Issuer or any Guarantor receives any Net Proceeds that are expressly required pursuant to the provisions of Section 4.12 4.16 to be deposited into the Collateral Proceeds Account, there shall be established and, at all times thereafter until this Indenture shall have terminated, there shall be maintained with the Collateral Agent the Collateral Proceeds Account. The Collateral Proceeds Account shall be established and maintained by the Collateral Agent at the office of the Collateral Agent. For the avoidance of doubt, no other deposit account or securities account shall be, or shall be deemed to be, the Collateral Proceeds Account, and for purposes of this Indenture, “Trust Monies” shall include only Net Proceeds required to be deposited into the Collateral Proceeds Account pursuant to the terms of Section 4.124.16, amounts deposited in the Collateral Proceeds Account in accordance with the Security Agreement Documents and any investment return in respect thereof received by the Collateral Agent. The Company Issuer shall cause all Net Proceeds expressly required by Section 4.12 4.16 to be deposited into the Collateral Proceeds Account to be so deposited in the Collateral Proceeds Account and any such Trust Monies shall be held by and under the dominion and control of the Collateral Agent for its benefit and for the benefit of the Secured Parties (as defined in the Security AgreementDocuments) as a part of the Collateral until released in accordance with this Article 16XI.

Appears in 1 contract

Sources: Supplemental Indenture (GMX Resources Inc)

Establishment of Collateral Proceeds Account. No later than the first date following the Issue Closing Date on which the Company Borrower or any Guarantor receives any Net Proceeds that are expressly required pursuant to the provisions of Section 4.12 6.4 to be deposited into the Collateral Proceeds Account, there shall be established and, at all times thereafter until this Indenture Agreement shall have terminated, there shall be maintained with the Collateral Agent the Collateral Proceeds Account. The Collateral Proceeds Account shall be established and maintained by the Collateral Agent at the office of the Collateral Agent. For the avoidance of doubt, no other deposit account or securities account shall be, or shall be deemed to be, the Collateral Proceeds Account, and for purposes of this IndentureAgreement, “Trust Monies” shall include only Net Proceeds required to be deposited into the Collateral Proceeds Account pursuant to the terms of Section 4.126.4, amounts deposited in the Collateral Proceeds Account in accordance with the Security Agreement and any investment return in respect thereof received by the Collateral Agent. The Company Borrower shall cause all Net Proceeds expressly required by Section 4.12 6.4 to be deposited into the Collateral Proceeds Account to be so deposited in the Collateral Proceeds Account and any such Trust Monies shall be held by and under the dominion and control of the Collateral Agent for its benefit and for the benefit of the Secured Parties (as defined in the Security Agreement) as a part of the Collateral until released in accordance with this Article 16Section 11.

Appears in 1 contract

Sources: Term Loan Agreement (Horizon Lines, Inc.)

Establishment of Collateral Proceeds Account. No later than the first date following the Issue Date on which the Company Issuer or any Guarantor receives any Net Proceeds that are expressly required pursuant to the provisions of Section 4.12 4.16 to be deposited into the Collateral Proceeds Account, there shall be established and, at all times thereafter until this Indenture shall have terminated, there shall be maintained with the Collateral Agent the Collateral Proceeds Account. The Collateral Proceeds Account shall be established and maintained by the Collateral Agent at the office of the Collateral Agent. For the avoidance of doubt, no other deposit account or securities account shall be, or shall be deemed to be, the Collateral Proceeds Account, and for purposes of this Indenture, “Trust Monies” shall include only Net Proceeds required to be deposited into the Collateral Proceeds Account pursuant to the terms of Section 4.124.16, amounts deposited in the Collateral Proceeds Account in accordance with the Security Agreement Documents and any investment return in respect thereof received by the Collateral Agent. The Company Issuer shall cause all Net Proceeds expressly required by Section 4.12 4.16 to be deposited into the Collateral Proceeds Account to be so deposited in the Collateral Proceeds Account and any such Trust Monies shall be held by and under the dominion and control of the Collateral Agent for its benefit and for the benefit of the Secured Parties (as defined in the Security AgreementDocuments) as a part of the Collateral until released in accordance with this Article 16XI.

Appears in 1 contract

Sources: Indenture (GMX Resources Inc)

Establishment of Collateral Proceeds Account. No later than the first date following the Issue Date on which the Company or any Guarantor Issuer receives any Net Proceeds that are expressly required pursuant to the provisions of Section 4.12 4.13 to be deposited into the Collateral Proceeds Account, there shall be established and, at all times thereafter until this Indenture shall have terminated, there shall be maintained with the Collateral Agent the Collateral Proceeds Account. The Collateral Proceeds Account shall be established and maintained by the Collateral Agent at the office of the Collateral Agent. For the avoidance of doubt, no other deposit account or securities account shall be, or shall be deemed to be, the Collateral Proceeds Account, and for purposes of this Indenture, “Trust Monies” shall include only Net Proceeds required to be deposited into the Collateral Proceeds Account pursuant to the terms of Section 4.124.13, amounts deposited in the Collateral Proceeds Account in accordance with the Security Agreement Documents and any investment return in respect thereof received by the Collateral Agent. The Company Issuer shall cause all Net Proceeds expressly required by Section 4.12 4.13 to be deposited into the Collateral Proceeds Account to be so deposited in the Collateral Proceeds Account and any such Trust Monies shall be held by and under the dominion and control of the Collateral Agent for its benefit and for the benefit of the Secured Parties (as defined in the Security AgreementDocuments) as a part of the Collateral until released in accordance with this Article 16XI.

Appears in 1 contract

Sources: Indenture (GMX Resources Inc)