Common use of CONCERNING DISTRIBUTIONS BY THE AGENTS Clause in Contracts

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, in that Agent’s reasonable discretion based upon that Agent’s determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the Liabilities. (b) Each Agent may disburse funds prior to determining that the sums which that Agent expects to receive have been finally and unconditionally paid to that Agent. If and to the extent that Agent does disburse funds and it later becomes apparent that the Agent did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the Agent made the funds available, on demand from the Agent, shall refund to the Administrative Agent the sum paid to that person. (c) If, in the opinion of an Agent, the distribution of any amount received by that Agent might involve that Agent in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent may refrain from making distribution until that Agent’s right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s exercise of any right of, or in the nature of, set-off shall be deemed, First, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and Second, shall be shared with the other Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.7. (e) Each Lender recognizes that the crediting of the Loan Parties with the “proceeds” of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “proceeds” will be made by the Administrative Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid or disgorged or (y) the requisite Lenders (as provided in Section 15.5(e)) determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Agent which had made such distribution, that Lender’s Pro-Rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, The Agents in that Agent’s the Agents' reasonable discretion based upon that Agent’s the Agents' determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the LiabilitiesObligations. (b) Each Agent The Agents may disburse funds prior to determining that the sums which that Agent expects the Agents expect to receive have been finally and unconditionally paid to that Agentthe Agents. If and to the extent that Agent does the Agents do disburse funds and it later becomes apparent that the Agent Agents did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the Agent Agents made the funds available, on demand from the AgentAgents, shall refund to the Administrative Agent Agents the sum paid to that person. (c) If, in the opinion of an Agentthe Agents, the distribution of any amount received by that Agent the Agents might involve that Agent the Agents in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent the Agents may refrain from making distribution until that Agent’s the Agents' right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s 's exercise of any right of, or in the nature of, set-set off shall be deemed, First, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and Second, shall be shared with the other Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.7under this Credit Agreement. (e) Each Lender recognizes that the crediting of the Loan Parties with the “proceeds” of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “proceeds” will be made by the Administrative Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent Agents is to be repaid or disgorged or (y) the requisite those Lenders (as provided in Section 15.5(e)) adversely affected thereby determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Agent Agents which had made such distribution, that Lender’s Pro-Rata 's pro rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, in that Agent’s reasonable discretion based upon that Agent’s determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the Liabilities. (b) Each Agent may disburse funds prior to determining that the sums which that Agent expects to receive have been finally and unconditionally paid to that Agent. If and to the extent that Agent does disburse funds and it later becomes apparent that the Agent did not then receive a payment in an amount equal to the sum paid out, then any Revolving Credit Lender to whom the Agent made the funds available, on demand from the Agent, shall refund to the Administrative Agent the sum paid to that person. (c) If, in the opinion of an Agent, the distribution of any amount received by that Agent might involve that Agent in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent may refrain from making distribution until that Agent’s right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Revolving Credit Lender’s exercise of any right of, or in the nature of, set-off shall be deemed, First, to the extent that a Revolving Credit Lender is entitled to any distribution hereunder, to constitute such distribution and Second, shall be shared with the other Revolving Credit Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.713.6. (e) Each Revolving Credit Lender recognizes that the crediting of the Loan Parties with the “proceeds” of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “proceeds” will be made by the Administrative Agent to any Revolving Credit Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid or disgorged or (y) the requisite Majority Revolving Credit Lenders (as provided in Section 15.5(e)) determine to effect such repayment or disgorgement, then each Revolving Credit Lender to which any such distribution shall have been made shall repay, to the Agent which had made such distribution, that Revolving Credit Lender’s Pro-Rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, The Agents in that Agent’s the Agents' reasonable discretion based upon that Agent’s the Agents' determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the LiabilitiesObligations. (b) Each Agent The Agents may disburse funds prior to determining that the sums which that Agent expects the Agents expect to receive have been finally and unconditionally paid to that Agentthe Agents. If and to the extent that Agent does the Agents do disburse funds and it later becomes apparent that the Agent Agents did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the Agent Agents made the funds available, on demand from the AgentAgents, shall refund to the Administrative Agent Agents the sum paid to that person. (c) If, in the opinion of an Agentthe Agents, the distribution of any amount received by that Agent the Agents might involve that Agent the Agents in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent the Agents may refrain from making distribution until that Agent’s the Agents' right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s 's exercise of any right of, or in the nature of, set-set off shall be deemed, First, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and Second, shall be shared with the other Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.7under this Agreement. (e) Each Lender recognizes that the crediting of the Loan Parties with the “proceeds” of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “proceeds” will be made by the Administrative Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent Agents is to be repaid or disgorged or (y) the requisite those Lenders (as provided in Section 15.5(e)) adversely affected thereby determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Agent Agents which had made such distribution, that Lender’s Pro-Rata 's pro rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, in that Agent’s reasonable discretion based upon that Agent’s determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the Liabilities. (b) Each Agent may disburse funds prior to determining that the sums which that Agent expects to receive have been finally and unconditionally paid to that Agent. If and to the extent that Agent does disburse funds and it later becomes apparent that the Agent did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the Agent made the funds available, on demand from the Agent, shall refund to the Administrative Agent the sum paid to that person. (c) If, in the opinion of an Agent, the distribution of any amount received by that Agent might involve that Agent in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent may refrain from making distribution until that Agent’s right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s exercise of any right of, or in the nature of, set-off shall be deemed, First, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and Second, shall be shared with the other Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.714.8. (e) Each Lender recognizes that the crediting of the Loan Parties with the “proceeds” of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “proceeds” will be made by the Administrative Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid or disgorged or (y) the requisite Lenders (as provided in Section 15.5(e16.4(h)) determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Agent which had made such distribution, that Lender’s Pro-Rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, in that Agent’s 's reasonable discretion based upon that Agent’s 's determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the Liabilities. (b) Each Agent may disburse funds prior to determining that the sums which that Agent expects to receive have been finally and unconditionally paid to that Agent. If and to the extent that an Agent does disburse funds and it later becomes apparent that the Agent did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the Agent made the funds available, on demand from the Agent, shall refund to the Administrative Agent the sum paid to that person. (c) If, in the opinion of an Agent, the distribution of any amount received by that Agent might involve that Agent in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent may refrain from making distribution until that Agent’s 's right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s 's exercise of any right of, or in the nature of, set-off shall be deemed, FirstFIRST, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and SecondSECOND, shall be shared with the other Lenders as if distributed pursuant Pro-Rata based upon their respective contributions to the then principal balance of the Revolving Credit (and shall be deemed as distributions under) Section 13.7by the Agents hereunder). (e) Each Lender recognizes that the crediting of the Loan Parties Borrower with the “"proceeds” " of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “"proceeds” " will be made by the Administrative an Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative an Agent is to be repaid or disgorged disgorged, or (y) the requisite Lenders (as provided in Section 15.5(e)) Lenders, acting by Consent of the SuperMajority Lenders, determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Agent which had made such distribution, that Lender’s 's Pro-Rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, in that Agent’s reasonable discretion based upon that Agent’s determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the Liabilities. (b) Each Agent may disburse funds prior to determining that the sums which that Agent expects to receive have been finally and unconditionally paid to that Agent. If and to the extent that Agent does disburse funds and it later becomes apparent that the Agent did not then receive a payment in an amount equal to the sum paid out, then any Term Lender to whom the Agent made the funds available, on demand from the Agent, shall refund to the Administrative Agent the sum paid to that person. (c) If, in the opinion of an Agent, the distribution of any amount received by that Agent might involve that Agent in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent may refrain from making distribution until that Agent’s right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Term Lender’s exercise of any right of, or in the nature of, set-off shall be deemed, First, to the extent that a Term Lender is entitled to any distribution hereunder, to constitute such distribution and Second, shall be shared with the other Term Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.713.6. (e) Each Term Lender recognizes that the crediting of the Loan Parties with the “proceeds” of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “proceeds” will be made by the Administrative Agent to any Term Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid or disgorged or (y) the requisite Majority Term Lenders (as provided in Section 15.5(e)) determine to effect such repayment or disgorgement, then each Term Lender to which any such distribution shall have been made shall repay, to the Agent which had made such distribution, that Term Lender’s Pro-Rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, in that Agent’s 's reasonable discretion based upon that Agent’s 's determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the Liabilities. (b) Each Agent may disburse funds prior to determining that the sums which that Agent expects to receive have been finally and unconditionally paid to that Agent. If and to the extent that Agent does disburse funds and it later becomes apparent that the Agent did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the Agent made the funds available, on demand from the Agent, shall refund to the Administrative Agent the sum paid to that person. (c) If, in the opinion of an Agent, the distribution of any amount received by that Agent might involve that Agent in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent may refrain from making distribution until that Agent’s 's right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s 's exercise of any right of, or in the nature of, set-off shall be deemed, FirstFIRST, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and SecondSECOND, shall be shared with the other Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.714.8. (e) Each Lender recognizes that the crediting of the Loan Parties with the “"proceeds” " of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “"proceeds” " will be made by the Administrative Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid or disgorged or (y) the requisite Lenders (as provided in Section 15.5(e16.4(g)) determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Agent which had made such distribution, that Lender’s 's Pro-Rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, in that such Agent’s 's reasonable discretion based upon that such Agent’s 's determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the Liabilities. (b) Each Agent may disburse funds prior to determining that the sums which that such Agent expects to receive have been finally and unconditionally paid to that such Agent. If and to the extent that such Agent does disburse funds and it later becomes apparent that the such Agent did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the such Agent made the funds available, on demand from the such Agent, shall refund to the Administrative Agent the sum paid to that person. (c) If, in the opinion of an Agent, the distribution of any amount received by that such Agent might involve that such Agent in liability, or might be prohibited hereby, or might be questioned by any Person, then that such Agent may refrain from making distribution until that such Agent’s 's right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s exercise of any right of, or in the nature of, set-off shall be deemed, First, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and Second, shall be shared with the other Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.7. (e) Each Lender recognizes that the crediting of the Loan Parties Borrowers with the “"proceeds” " of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “"proceeds” " will be made by the Administrative Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid or disgorged or (y) the requisite Lenders (as provided in Section 15.5(e16:16-4(i)) determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Administrative Agent which had made such distribution, that Lender’s 's Pro-Rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, in that Agent’s 's reasonable discretion based upon that Agent’s 's determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the Liabilities. (b) Each Agent may disburse funds prior to determining that the sums which that Agent expects to receive have been finally and unconditionally paid to that Agent. If and to the extent that Agent does disburse funds and it later becomes apparent that the Agent did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the Agent made the funds available, on demand from the Agent, shall refund to the Administrative Agent the sum paid to that person. (c) If, in the opinion of an Agent, the distribution of any amount received by that Agent might involve that Agent in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent may refrain from making distribution until that Agent’s 's right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s 's exercise of any right of, or in the nature of, set-off shall be deemed, First, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and Second, shall be shared with the other Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.7Section. (e) Each Lender recognizes that the crediting of the Loan Parties Borrowers with the “"proceeds” " of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “"proceeds” " will be made by the Administrative Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid or disgorged or (y) the requisite SuperMajority Lenders (as provided in Section 15.5(e)) determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Agent which had made such distribution, that Lender’s 's Pro-Rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, The Agents in that Agent’s the Agents’ reasonable discretion based upon that Agent’s the Agents’ determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the LiabilitiesObligations. (b) Each Agent The Agents may disburse funds prior to determining that the sums which that Agent expects the Agents expect to receive have been finally and unconditionally paid to that Agentthe Agents. If and to the extent that Agent does the Agents do disburse funds and it later becomes apparent that the Agent Agents did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the Agent Agents made the funds available, on demand from the AgentAgents, shall refund to the Administrative Agent Agents the sum paid to that person. (c) If, in the opinion of an Agentthe Agents, the distribution of any amount received by that Agent the Agents might involve that Agent the Agents in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent the Agents may refrain from making distribution until that Agent’s the Agents’ right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s exercise of any right of, or in the nature of, set-set off shall be deemed, First, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and Second, shall be shared with the other Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.7under this Credit Agreement. (e) Each Lender recognizes that the crediting of the Loan Parties with the “proceeds” of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “proceeds” will be made by the Administrative Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent Agents is to be repaid or disgorged or (y) the requisite those Lenders (as provided in Section 15.5(e)) adversely affected thereby determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Agent Agents which had made such distribution, that Lender’s Pro-Rata pro rata share of the amount so adjudged or determined to be repaid or disgorged.

CONCERNING DISTRIBUTIONS BY THE AGENTS. (a) Each Agent, The Agents in that Agent’s the Agents’ reasonable discretion based upon that Agent’s the Agents’ determination of the likelihood that additional payments will be received, expenses incurred, and/or claims made by third parties to all or a portion of such proceeds, may delay the distribution of any payment received on account of the LiabilitiesObligations. (b) Each Agent The Agents may disburse funds prior to determining that the sums which that Agent expects the Agents expect to receive have been finally and unconditionally paid to that Agentthe Agents. If and to the extent that Agent does the Agents do disburse funds and it later becomes apparent that the Agent Agents did not then receive a payment in an amount equal to the sum paid out, then any Lender to whom the Agent Agents made the funds available, on demand from the AgentAgents, shall refund to the Administrative Agent Agents the sum paid to that person. (c) If, in the opinion of an Agentthe Agents, the distribution of any amount received by that Agent the Agents might involve that Agent the Agents in liability, or might be prohibited hereby, or might be questioned by any Person, then that Agent the Agents may refrain from making distribution until that Agent’s the Agents’ right to make distribution has been adjudicated by a court of competent jurisdiction. (d) The proceeds of any Lender’s exercise of any right of, or in the nature of, set-set off shall be deemed, Firstfirst, to the extent that a Lender is entitled to any distribution hereunder, to constitute such distribution and Secondand, second, shall be shared with the other Lenders as if distributed pursuant to (and shall be deemed as distributions under) Section 13.7this Credit Agreement. (e) Each Lender recognizes that the crediting of the Loan Parties with the “proceeds” of any transaction in which a Post Foreclosure Asset is acquired is a non-cash transaction and that, in consequence, no distribution of such “proceeds” will be made by the Administrative Agent to any Lender. (f) In the event that (x) a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent Agents is to be repaid or disgorged or (y) the requisite those Lenders (as provided in Section 15.5(e)) adversely affected thereby determine to effect such repayment or disgorgement, then each Lender to which any such distribution shall have been made shall repay, to the Agent Agents which had made such distribution, that Lender’s Pro-Rata pro rata share of the amount so adjudged or determined to be repaid or disgorged.