Common use of Distribution by Administrative Agent Clause in Contracts

Distribution by Administrative Agent. If in the opinion of the Administrative Agent, distribution of any amount received by it in such capacity hereunder or under the Notes or under any of the other Credit Documents might involve any liability, it may refrain from making distribution until its right to make distribution shall have been finally adjudicated by a court of competent jurisdiction or has been resolved by the mutual consent of all Lenders. In addition, the Administrative Agent may request full and complete indemnity, in form and substance satisfactory to it, prior to making any such distribution. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid, each person to whom any such distribution shall have been made shall either repay to the Administrative Agent its proportionate share of the amount so adjudged to be repaid or shall pay over the same in such manner and to such persons as shall be determined by such court.

Appears in 3 contracts

Samples: Term Loan Agreement (Hines Real Estate Investment Trust Inc), Credit Agreement (Hines Real Estate Investment Trust Inc), Term Loan Agreement (Hines Real Estate Investment Trust Inc)

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Distribution by Administrative Agent. If If, in the opinion of the Administrative Agent, distribution of any amount received by it in such capacity hereunder or under the Warehousing Notes or under any of the other Credit Loan Documents might involve any liability, it may refrain from making distribution until its right to make distribution shall have been finally adjudicated by a court of competent jurisdiction or has been resolved by the mutual consent of all Lenders. In addition, the Administrative Agent may request full and complete indemnity, in form and substance satisfactory to it, prior to making any such distribution. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid, each person to whom any such distribution shall have been made shall either repay to the Administrative Agent its proportionate share of the amount so adjudged to be repaid or shall pay over to the same in such manner and to such persons as shall be determined by such court.

Appears in 2 contracts

Samples: Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.), Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.)

Distribution by Administrative Agent. If in the opinion of the Administrative Agent, Agent distribution of any amount received by it in such capacity hereunder or under the Notes Note or under any of the other Credit Loan Documents might involve any liability, it may refrain from making distribution until its right to make distribution shall have been finally adjudicated by a court of competent jurisdiction or has been resolved by the mutual consent of all Lenders. In addition, the Administrative Agent may request full and complete indemnity, in form and substance satisfactory to it, prior to making any such distribution. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid, each person to whom any such distribution shall have been made shall either repay to the Administrative Agent its proportionate share of the amount so adjudged to be repaid or shall pay over to the same in such manner and to such persons as shall be determined by such court.

Appears in 2 contracts

Samples: Loan Agreement (Kramont Realty Trust), Loan Agreement (Cedar Shopping Centers Inc)

Distribution by Administrative Agent. If If, in the opinion of the Administrative Agent, distribution of any amount received by it in such capacity hereunder or under the Warehousing Notes or under any of the other Credit Loan Documents might involve any liability, it may refrain from making distribution until its right to make distribution shall have been finally adjudicated by a court of competent jurisdiction or has been resolved by the mutual consent of all Lenders. In addition, the Administrative Agent may request full and complete indemnity, in form and substance satisfactory to it, prior to making any such distribution. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid, each person Person to whom any such distribution shall have been made shall either repay to the Administrative Agent its proportionate share of the amount so adjudged to be repaid or shall pay over to the same in such manner and to such persons Persons as shall be determined by such court.

Appears in 2 contracts

Samples: Bridge Loan Warehousing Credit and Security Agreement (Ares Commercial Real Estate Corp), Bridge Loan Warehousing Credit and Security Agreement (Ares Commercial Real Estate Corp)

Distribution by Administrative Agent. If in the opinion of the Administrative Agent, distribution of any amount received by it in such capacity hereunder or under the Notes Note(s) or under any of the other Credit Documents might involve any liability, it may refrain from making distribution until its right to make distribution shall have been finally adjudicated by a court of competent jurisdiction or has been resolved by the mutual consent of all Lenders. In addition, the Administrative Agent may request full and complete indemnity, in form and substance satisfactory to it, prior to making any such distribution. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid, each person to whom any such distribution shall have been made shall either repay to the Administrative Agent its proportionate share of the amount so adjudged to be repaid or shall pay over to the same in such manner and to such persons as shall be determined by such court.

Appears in 1 contract

Samples: Credit Agreement (Inland Real Estate Corp)

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Distribution by Administrative Agent. If in the opinion of the Administrative Agent, distribution of any amount received by it is in such capacity hereunder or under the Notes Note(s) or under any of the other Credit Documents might involve any liability, it may refrain from making distribution until its right to lo make distribution shall have been finally adjudicated by a court of competent jurisdiction or has been resolved by the mutual consent of all Lenders. In addition, the Administrative Agent may request full and complete indemnity, in form and substance satisfactory to it, prior to making any such distribution. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid, each person to whom any such distribution shall have been made shall either repay to the Administrative Agent its proportionate share of the amount so adjudged to be repaid or shall pay over to the same in such manner and to such persons as shall be determined by such court.

Appears in 1 contract

Samples: Credit Agreement (Inland Real Estate Corp)

Distribution by Administrative Agent. If in the opinion of the Administrative Agent, Agent distribution of any amount received by it in such capacity hereunder or under the Notes or under any of the other Credit Loan Documents might involve any liability, it may refrain from making distribution until its right to make distribution shall have been finally adjudicated by a court of competent jurisdiction or has been resolved by the mutual consent of all Lenders. In addition, the Administrative Agent may request full and complete indemnity, in form and substance satisfactory to it, prior to making any such distribution. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid, each person to whom any such distribution shall have been made shall either repay to the Administrative Agent its proportionate share of the amount so adjudged to be repaid or shall pay over to the same in such manner and to such persons as shall be determined by such court.

Appears in 1 contract

Samples: Senior Loan Agreement (NNN 2002 Value Fund LLC)

Distribution by Administrative Agent. If in the opinion of the Administrative Agent, Agent distribution of any amount received by it in such capacity hereunder or under the Notes either Note or under any of the other Credit Loan Documents might involve any liability, it may refrain from making distribution until its right to make distribution shall have been finally adjudicated by a court of competent jurisdiction or has been resolved by the mutual consent of all Lenders. In addition, the Administrative Agent may request full and complete indemnity, in form and substance satisfactory to it, prior to making any such distribution. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Administrative Agent is to be repaid, each person to whom any such distribution shall have been made shall either repay to the Administrative Agent its proportionate share of the amount so adjudged to be repaid or shall pay over to the same in such manner and to such persons Persons as shall be determined by such court.

Appears in 1 contract

Samples: Master Loan Agreement (Newkirk Realty Trust, Inc.)

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