Common use of Right to Make Advances Clause in Contracts

Right to Make Advances. In the event an advance of funds shall at any time be required for the preservation or maintenance of any Collateral, the Collateral Trustee or any Lender shall be entitled to make such advance after notice to AWNA of its intention to do so but without notice to any other Secured Party. Each such advance shall be reimbursed, with interest accrued from the date such advance was made at the rate set forth in Section 2.13(c) of the Credit Agreement (the "Default Rate"), by AWNA upon demand by the Collateral Trustee or such Lender, and if AWNA fails to comply with any such demand, out of the proceeds of any Collateral distributed pursuant to clause FIRST of Section 4.01. In the event any Secured Party shall receive any funds which, under this Section 2.04, belong to the Collateral Trustee or any other Secured Party, such Secured Party shall remit such funds promptly to the Collateral Trustee for distribution to the Collateral Trustee or such other Secured Party, as the case may be, and prior to such remittance shall hold such funds in trust for the Collateral Trustee or such other Secured Party, as the case may be.

Appears in 1 contract

Sources: Collateral Trust Agreement (Allied Waste North America Inc/De/)

Right to Make Advances. In the event an advance of funds shall at any time be required in the reasonable judgment of the Administrative Agent or the Majority Noteholders for the preservation or maintenance of any Collateral, the Collateral Trustee or any Lender Secured Party shall be entitled to make such advance after reasonable notice to AWNA the Borrower of its intention to do so but without notice to any other Secured Party. Each such advance shall be reimbursedrepaid, with interest accrued from the date such advance was made at the rate set forth in Section 2.13(c) of the Credit Agreement (the "applicable Default Rate"), by AWNA the Borrower upon demand by the Collateral Trustee Secured Party that made such advance and in any event, whether or not such Lender, and if AWNA fails to comply with any such demanddemand shall have been made, out of the proceeds of any Collateral distributed pursuant to clause FIRST First of Section 4.01. In the event the Collateral Trustee or any Secured Party shall receive any funds which, under this Section 2.043.04, belong to the Collateral Trustee or any other Secured Party, such Secured Party shall remit such funds promptly to the Collateral Trustee for distribution to the Collateral Trustee or such other Secured Party, as the case may be, Party and prior to such remittance shall hold such funds in trust for the Collateral Trustee or such other Secured Party, as the case may be.

Appears in 1 contract

Sources: Intercreditor and Collateral Trust Agreement (Westwood One Inc /De/)