Common use of Direct Payments Clause in Contracts

Direct Payments. The Lenders agree among themselves that, except as otherwise provided for in this Agreement and except as necessary to adjust for Advances that are not in each Lender’s Proportionate Share under the applicable Credit Facilities, all sums received by a Lender relating to this Agreement or by virtue of the Security, whether received by voluntary payment, by the exercise of the right of set-off or compensation (pursuant to Section 7.02, 11.09 or otherwise) or by counterclaim, cross-action or as proceeds of realization of any Security or otherwise, will be shared by each Lender in its Proportionate Share and each Lender undertakes to do all such things as may be reasonably required to give full effect to this Section, including without limitation, the purchase from other Lenders of a portion thereof by the Lender who has received an amount in excess of its Proportionate Share as will be necessary to cause such purchasing Lender to share the excess amount rateably in its Proportionate Share with the other Lenders. If any sum which is so shared is later recovered from the Lenders who originally received it, the Lender will restore its Proportionate Share of such sum to such Lenders, without interest. If any Lender (a “Receiving Lender”) will obtain any payment of moneys due under this Agreement as referred to above, the Receiving Lender will forthwith remit such payment to the Agent and, upon receipt, the Agent will distribute such payment in accordance with the provisions hereof.

Direct Payments. The Lenders agree among themselves that, except as otherwise provided for in this Agreement (including but not limited to Sections 11.14 and 11.15), except as necessary to adjust for Advances that are not in each Lender’s 's Proportionate Share under the applicable Credit FacilitiesCredits, and except for receipts relating to the Other Secured Obligations, all sums received by a Lender relating to this Agreement or by virtue of the Security, whether received by voluntary payment, by the exercise of the right of set-off or compensation (pursuant to Section 7.02, 11.09 or otherwise) or by counterclaim, cross-action or as proceeds of realization of any Security or otherwise, will shall be shared by each Lender in its Proportionate Share under the Credits and each Lender undertakes to do all such things as may be reasonably required to give full effect to this Section, including without limitation, the purchase from other Lenders of such notes or a portion thereof by the Lender who has received an amount in excess of its Proportionate Share under the Credits as will shall be necessary to cause such purchasing Lender to share the excess amount rateably in its Proportionate Share under the Credits with the other Lenders. If any sum which is so shared is later recovered from the Lenders who originally received it, the Lender will shall restore its Proportionate Share under the Credits of such sum to such Lenders, without interest. If any Lender (a “Receiving Lender”) will shall obtain any payment of moneys due under this Agreement as referred to above, the Receiving Lender will it shall forthwith remit such payment to the Agent and, upon receipt, the Agent will shall distribute such payment in accordance with the provisions hereofof Section 9.5.

Direct Payments. The Lenders agree among themselves that, except as otherwise provided for in this Agreement and except as necessary to adjust for Advances that are not in each Lender’s Proportionate Share under the applicable Credit FacilitiesLoan Facility, all sums received by a Lender relating to this Agreement or by virtue of the Security, whether received by voluntary payment, by the exercise of the right of set-off or compensation (pursuant to Section 7.02, 11.09 or otherwise) or by counterclaim, cross-action or as proceeds of realization of any Security or otherwise, will be shared by each Lender in its Proportionate Share and each Lender undertakes to do all such things as may be reasonably required to give full effect to this Section, including without limitation, the purchase from other Lenders of a portion thereof by the Lender who has received an amount in excess of its Proportionate Share as will be necessary to cause such purchasing Lender to share the excess amount rateably in its Proportionate Share with the other Lenders. If any sum which is so shared is later recovered from the Lenders who originally received it, the Lender will restore its Proportionate Share of such sum to such Lenders, without interest. If any Lender (a “Receiving Lender”) will obtain any payment of moneys due under this Agreement as referred to above, the Receiving Lender will forthwith remit such payment to the Agent and, upon receipt, the Agent will distribute such payment in accordance with the provisions hereof.

Direct Payments. The Lenders agree among themselves that, except as otherwise provided for in this Agreement (including but not limited to Sections 11.9 and 11.10), and except as necessary to adjust for Advances that are not in each Lender’s Proportionate Share Applicable Percentage under the applicable Credit FacilitiesCredit, all sums received by a Lender relating to this Agreement or by virtue of the Security, whether received by voluntary payment, by the exercise of the right of set-set off or compensation (pursuant to Section 7.02, 11.09 or otherwise) or by counterclaim, cross-cross action or as proceeds of realization of any Security or otherwise, will shall be shared by each Lender in its Proportionate Share Applicable Percentage under the Credit and each Lender undertakes to do all such things as may be reasonably required to give full effect to this Section, including without limitationincluding, the purchase from other Lenders of a portion thereof by the Lender who has received an amount in excess of its Proportionate Share all things as will shall be necessary to cause the Lender in receipt of such purchasing Lender sum to share the excess amount rateably in its Proportionate Share Applicable Percentage under the Credit with the other Lenders. If any sum which is so shared is later recovered from the Lenders who originally received it, the Lender will shall restore its Proportionate Share Applicable Percentage under the Credit of such sum to such Lenders, without interest. If any Lender (a “Receiving Lender”) will shall obtain any payment of moneys due under this Agreement as referred to above, the Receiving Lender will it shall forthwith remit such payment to the Agent and, upon receipt, the Agent will shall distribute such payment in accordance with the provisions hereofof Section 9.5.

Direct Payments. The Lenders agree among themselves that, except as otherwise provided for in this Agreement (including but not limited to Sections 14.14 and 14.15), except as necessary to adjust for Advances that are not in each Lender’s 's Proportionate Share under the applicable Credit FacilitiesCredits, and except for receipts relating to the Other Secured Obligations, all sums received by a Lender relating to this Agreement or by virtue of the Security, whether received by voluntary payment, by the exercise of the right of set-off or compensation (pursuant to Section 7.02, 11.09 or otherwise) or by counterclaim, cross-action or as proceeds of realization of any Security or otherwise, will shall be shared by each Lender in its Proportionate Share under the Credits and each Lender undertakes to do all such things as may be reasonably required to give full effect to this Section, including without limitation, the purchase from other Lenders of such notes or a portion thereof by the Lender who has received an amount in excess of its Proportionate Share under the Credits as will shall be necessary to cause such purchasing Lender to share the excess amount rateably in its Proportionate Share under the Credits with the other Lenders. If any sum which is so shared is later recovered from the Lenders who originally received it, the Lender will shall restore its Proportionate Share under the Credits of such sum to such Lenders, without interest. If any Lender (a “Receiving Lender”) will shall obtain any payment of moneys due under this Agreement as referred to above, the Receiving Lender will it shall forthwith remit such payment to the Agent and, upon receipt, the Agent will shall distribute such payment in accordance with the provisions hereofof Section 12.5.

Direct Payments. The Lenders agree among themselves that, except as otherwise provided for in this Agreement (including but not limited to Sections 14.13 and 14.14), except as necessary to adjust for Advances that are not in each Lender’s 's Proportionate Share under any Credit, and except for receipts relating to the applicable Credit FacilitiesOther Secured Obligations, all sums received by a Lender relating to this Agreement after any Obligations become due and payable under Section 11.2 or by virtue of the Security, whether received by voluntary payment, by the exercise of the right of set-off or compensation (pursuant to Section 7.02, 11.09 or otherwise) or by counterclaim, cross-action or as proceeds of realization of any Security or otherwise, will shall be shared by each Lender in accordance with its Proportionate Share Share, taking into account all Credits, and each Lender undertakes to do all such things as may be reasonably required to give full effect to this Section, including without limitation, the purchase from other Lenders of such notes or a portion thereof by the Lender who has received an amount in excess of its Proportionate Share as will shall be necessary to cause such purchasing Lender to share the excess amount rateably in its Proportionate Share with the other Lenders. If any sum which is so shared is later recovered from the Lenders who originally received it, the Lender will shall restore its Proportionate Share under the Credits of such sum to such Lenders, without interest. If any Lender (a “Receiving Lender”) will shall obtain any payment of moneys due under this Agreement as referred to above, the Receiving Lender will it shall forthwith remit such payment to the Agent and, upon receipt, the Agent will shall distribute such payment in accordance with the provisions hereofof Section 12.5.

Direct Payments. The Lenders agree among themselves that, except as otherwise provided for in this Agreement (including but not limited to Sections 10.13 and 10.14), and except as necessary to adjust for Advances that are not in each Lender’s 's Proportionate Share under the applicable Credit FacilitiesCredit, all sums received by a Lender relating to this Agreement or by virtue of the Security, whether received by voluntary payment, by the exercise of the right of set-off or compensation (pursuant to Section 7.02, 11.09 or otherwise) or by counterclaim, cross-action or as proceeds of realization of any Security or otherwise, will shall be shared by each Lender in its Proportionate Share under the Credit and each Lender undertakes to do all such things as may be reasonably required to give full effect to this Section, including without limitation, the purchase from other Lenders of such notes or a portion thereof by the Lender who has received an amount in excess of its Proportionate Share under the Credit as will shall be necessary to cause such purchasing Lender to share the excess amount rateably in its Proportionate Share under the Credit with the other Lenders. If any sum which is so shared is later recovered from the Lenders who originally received it, the Lender will shall restore its Proportionate Share under the Credit of such sum to such Lenders, without interest. If any Lender (a “Receiving Lender”) will shall obtain any payment of moneys due under this Agreement as referred to above, the Receiving Lender will it shall forthwith remit such payment to the Agent and, upon receipt, the Agent will shall distribute such payment in accordance with the provisions hereofof Section 8.5.

Direct Payments. The Lenders agree among themselves that, except as otherwise provided for in this Agreement (including but not limited to Sections 12.13 and 12.14), except as necessary to adjust for Advances that are not in each Lender’s 's Proportionate Share under the applicable Credit FacilitiesCredits, all sums received by a Lender relating to this Agreement or by virtue of the Security, whether received by voluntary payment, by the exercise of the right of set-off or compensation (pursuant to Section 7.02, 11.09 or otherwise) or by counterclaim, cross-action or as proceeds of realization of any Security or otherwise, will shall be shared by each Lender in its Proportionate Share under the Credits and each Lender undertakes to do all such things as may be reasonably required to give full effect to this Section, including without limitation, the purchase from other Lenders of such notes or a portion thereof by the Lender who has received an amount in excess of its Proportionate Share under the Credits as will shall be necessary to cause such purchasing Lender to share the excess amount rateably ratably in its Proportionate Share under the Credits with the other Lenders. If any sum which is so shared is later recovered from the Lenders who originally received it, the Lender will shall restore its Proportionate Share under the Credits of such sum to such Lenders, without interest. If any Lender (a “Receiving Lender”) will shall obtain any payment of moneys due under this Agreement as referred to above, the Receiving Lender will it shall forthwith remit such payment to the Agent and, upon receipt, the Agent will shall distribute such payment in accordance with the provisions hereofof Section 10.5.

Direct Payments. The Lenders agree among themselves that, except as otherwise provided for in this Agreement and except as necessary to adjust for Advances that are not in each Lender’s Proportionate Share under the applicable Credit FacilitiesLoan Facility, all sums received by a Lender relating to this Agreement or by virtue of the Security, whether received by voluntary payment, by the exercise of the right of set-off or compensation (pursuant to Section 7.02, 11.09 or otherwise) or by counterclaim, cross-action or as proceeds of realization of any Security or otherwise, will be shared by each Lender in its Proportionate Share and each Lender undertakes to do all such things as may be reasonably required to give full effect to this Section, including without limitation, the purchase from other Lenders of a portion thereof by the Lender who has received an amount in excess of its Proportionate Share as will be necessary to cause such purchasing Lender to share the excess amount rateably in its Proportionate Share with the other Lenders. If any sum which is so shared is later recovered from the Lenders who originally received it, the Lender will restore its Proportionate Share of such sum to such Lenders, without interest. If any Lender (a “Receiving Lender”) will obtain any payment of moneys due under this Agreement as referred to above, the Receiving Lender will forthwith remit such payment to the Agent and, upon receipt, the Agent will distribute such payment in accordance with the provisions hereof.. - 77 -