Common use of Avoidance of Payments Clause in Contracts

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any Borrower, or any Security held by any Finance Party therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 7 contracts

Samples: Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Investment Holdings LTD), Senior Facilities Agreement (Virgin Media Inc.)

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Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any Borrower, or any Security held by any Relevant Finance Party therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Relevant Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 4 contracts

Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any the Borrower, or any Security held by any Finance Party may hold therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 30 shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 3 contracts

Samples: Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Moore Labels Inc), Senior Facilities Agreement (Buhrmann Nv)

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any Borrowerthe Borrowers, or any Security held by any Finance Party may hold therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 30 shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Buhrmann Nv), Senior Facilities Agreement (Corporate Express N.V.)

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any either Borrower, or any Security held by any Finance Party therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 23 shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 1 contract

Samples: Second Lien Facility Agreement (Telewest Global Inc)

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any BorrowerObligor, or any Security held by any Finance Party therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 23.4 (Avoidance of Payments) shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 1 contract

Samples: High Yield Bridge Facilities Agreement (Liberty Global PLC)

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any a Borrower, or any Security held by any Finance Party may hold therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 24 (Guarantee and Indemnity) shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 1 contract

Samples: Credit Facility Agreement (Teekay Shipping Corp)

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any Borrower, or any Security held by any Finance Party therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 30.4 (Avoidance of Payments) shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 1 contract

Samples: Senior Facilities Agreement (Liberty Global PLC)

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Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any Borrower, or any Security held by any Finance Party therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 25.4 (Avoidance of Payments) shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 1 contract

Samples: Acquisition Facilities Agreement (Liberty Global PLC)

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any Borrowerthe Obligors, or any Security held by Encumbrances any Finance Party may hold therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 26 (Guarantee and Indemnity) shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 1 contract

Samples: Credit Facility Agreement (Ship Finance International LTD)

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any the Borrower, or any Security held by any Finance Party therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 30 shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 1 contract

Samples: Senior Facilities Agreement (NTL Inc)

Avoidance of Payments. Where any release, discharge or other arrangement in respect of any obligation of any either Borrower, or any Security held by any Finance Party therefor, is given or made in reliance on any payment or other disposition which is avoided or must be repaid (whether in whole or in part) in an insolvency, liquidation or otherwise and whether or not any Finance Party has conceded or compromised any claim that any such payment or other disposition will or should be avoided or repaid (in whole or in part), the provisions of this Clause 29 28 shall continue as if such release, discharge or other arrangement had not been given or made.

Appears in 1 contract

Samples: Senior Facilities Agreement (Telewest Global Inc)

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