Clawback and pre-funding. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 36 contracts
Samples: And Restatement Agreement (Compagnie Maritime Belge NV), And Restatement Agreement (Compagnie Maritime Belge NV), Assignment Agreement (Smurfit WestRock LTD)
Clawback and pre-funding. (a) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 30 contracts
Samples: And Restatement Agreement (H Lundbeck a S), Assignment Agreement (Euroseas Ltd.), Facility Agreement (Okeanis Eco Tankers Corp.)
Clawback and pre-funding. (aA) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 5 contracts
Samples: Agreement (Rockley Photonics Holdings LTD), Facilities Agreement (Rentokil Initial PLC /Fi), Agreement (Endava PLC)
Clawback and pre-funding. (a) Where a sum is to be paid to the Agent under the Finance Documents or the ECA Cover Document for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.)
Clawback and pre-funding. (a) Where a sum is to be paid by a Party (the "Payer") to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Metals Acquisition LTD), Agreement (Metals Acquisition Corp)
Clawback and pre-funding. (a) Where a sum is to be paid to the Agent or the Security Agent under the Finance Documents for another Party, the Agent or, as the case may be, the Security Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Facility Agreement (UTAC Holdings Ltd.), Assignment Agreement (Gold Fields LTD)
Clawback and pre-funding. (a) Where a sum is to be paid by a Party (the Payer) to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Certain Confidential Information (Metals Acquisition LTD), Certain Confidential Information (Metals Acquisition Corp)
Clawback and pre-funding. (a) Where a sum is to be paid to the Facility Agent under the Finance Loan Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback and pre-funding. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its reasonable satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback and pre-funding. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.. 49173559_13
Appears in 1 contract
Samples: Agreement (Diodes Inc /Del/)
Clawback and pre-funding. (a) Where a sum is to be paid to the a Facility Agent under the Finance Documents for another Party, the that Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Terms Agreement (Sunpower Corp)
Clawback and pre-funding. (a) Where a sum is to be paid to the Administrative Agent under the Finance Documents for another Party, the Administrative Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Facility Agreement (Cobalt International Energy, Inc.)
Clawback and pre-funding. (a) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or β to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Credit Agreement (IHS Holding LTD)
