Clawback. (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. (b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 203 contracts
Samples: Facility Agreement (Madeleine Charging B.V.), Facility Agreement (Navigator Holdings Ltd.), Revolving Facility Agreement (Manchester United PLC)
Clawback. (a) 23.4.1 Where a sum is to be paid to the Agent under the Finance Security 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.
(b) 23.4.2 If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 10 contracts
Samples: Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.)
Clawback. (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.
(b) If the Facility Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Facility Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, Facility Agent calculated by the Agent it to reflect its cost of funds.
Appears in 10 contracts
Samples: Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, Agent calculated by the Agent it to reflect its cost of funds.
Appears in 6 contracts
Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Wimm Bill Dann Foods Ojsc)
Clawback. (ai) 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.
(bii) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 4 contracts
Samples: Third Amendment Agreement (Kronos International Inc), Fifth Amendment Agreement (Kronos International Inc), Facility Agreement (Sterlite Industries (India) LTD)
Clawback. (a) 37.4.1 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.
(b) 37.4.2 If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 4 contracts
Samples: Facility Agreement (DryShips Inc.), Facility Agreement (Quintana Shipping Ltd.), Facility Agreement (Navigator Holdings Ltd.)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Fundamental 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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 4 contracts
Samples: Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Amendment Agreement (Arch Capital Group Ltd.), Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.)
Clawback. (aA) Where a sum is to be paid to the Agent under the Finance Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party 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.
(bB) If the Agent pays an amount to another Party party and it proves to be the case that the Agent had not actually received that amount, then the Party party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 4 contracts
Samples: Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the that 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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds.
Appears in 3 contracts
Samples: Amendment Agreement (BHP Billiton PLC), Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD), Facility and Subscription Agreement (BHP Billiton PLC)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another PartyPerson, the such Agent is not obliged to pay that sum to that other Party Person (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it actually has actually received that sum.
(b) If the an Agent pays an amount to another Party Person and it proves to be the case that the Agent actually had not actually received that amount, then the Party Person to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent on demand together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 3 contracts
Samples: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Amendment and Restatement Agreement (Pacific Drilling S.A.)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the that 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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the that Agent shall on demand refund the same to the that Agent together with interest on that amount from the date of payment to the date of receipt by the that Agent, calculated by the that Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: Term Facility Agreement (Coeur D Alene Mines Corp), Term Facility Agreement (Coeur D Alene Mines Corp)
Clawback. (a) 23.3.1 Where a sum is to be paid to the Agent under the Finance Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party 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.
(b) 23.3.2 If the Agent pays an amount to another Party party and it proves to be the case that the Agent had not actually received that amount, then the Party party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: $90,000,000 Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
Clawback. (a) 41.4.1 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.
(b) 41.4.2 If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: Credit Facilities Agreement (Wanda Sports Group Co LTD), Facility Agreement (Marine Harvest ASA)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the such 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 absolute satisfaction that it has actually received that sum.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or Back to Contents the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Facility 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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, Agent calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: Term and Letter of Credit Facility Agreement (Cascal B.V.), Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: Facility Agreement (Kronos International Inc), Facility Agreement (Kronos International Inc)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent relevant agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: Senior Facility Agreement (International Game Technology PLC), Facilities Agreement (International Game Technology PLC)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.. Table of Contents
Appears in 2 contracts
Samples: Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)
Clawback. (a) 30.5.1 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.
(b) 30.5.2 If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: Facilities Agreement (Central European Distribution Corp), Facility Agreement (Central European Distribution Corp)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party 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.
(b) If the Agent pays an amount to another Party party and it proves to be the case that the Agent had not actually received that amount, then the Party party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Samples: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.. 93954-4-1-v3.0 -87- 70-40529536
Appears in 1 contract
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Security Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party 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.
(b) If the Agent pays an amount to another Party party and it proves to be the case that the Agent had not actually received that amount, then the Party party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 1 contract
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent it to reflect its cost of funds.
Appears in 1 contract
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of fundsfunds (acting reasonably).
Appears in 1 contract
Samples: Multicurrency Revolving Facilities Agreement (Sage Group PLC)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent Agent, shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, Agent calculated by the Agent it to reflect its cost of funds.
Appears in 1 contract
Samples: Facility Agreement (Synnex Corp)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent it to reflect its cost of funds.
Appears in 1 contract
Samples: Facility Agreement (Solutia Inc)
Clawback. (a) 29.5.1 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.
(b) 29.5.2 If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 1 contract
Samples: Distribution Agreement (Central European Distribution Corp)
Clawback. (a) Where a sum is to be paid to the an 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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.,
Appears in 1 contract
Samples: Mezzanine Facility Agreement (Concordia Bus Nordic AB)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the that 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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the that Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the that Agent shall on demand refund the same to the that Agent together with interest on that amount from the date of payment to the date of receipt by the that Agent, calculated by the that Agent to reflect its cost of funds.
Appears in 1 contract
Samples: Facilities Agreement (3SBio Inc.)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the such 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 absolute satisfaction that it has actually received that sum.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds... Table of Contents
Appears in 1 contract
Clawback. (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.
(bB) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 1 contract
Clawback. (a) 29.4.1 Where a sum is to be paid to the Agent Agents 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.
(b) 29.4.2 If the either Agent pays an amount to another Party and it proves to be the case that the relevant Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the relevant Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the relevant Agent to reflect its cost of funds.
Appears in 1 contract
Samples: Facilities Agreement (Hungarian Telephone & Cable Corp)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Discovery Communications, Inc.)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the such 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 absolute satisfaction that it has actually received that sum.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds.
Appears in 1 contract
Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Financing Documents for another Party, the such 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 absolute satisfaction that it has actually received that sum.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds.
Appears in 1 contract
Samples: Credit Agreement (Reh Mergersub Inc)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall shall, on demand demand, refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the that 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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the relevant Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the that Agent shall on demand refund the same to the that Agent together with interest on that amount from the date of payment to the date of receipt by the that Agent, calculated by the that Agent to reflect its cost of funds.
Appears in 1 contract
Samples: Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa)
Clawback. (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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent it to reflect its cost of funds.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Transaction 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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
