Common use of Distribution by Agents Clause in Contracts

Distribution by Agents. If in the opinion of an Agent the distribution of any amount received by it in such capacity hereunder, under the Notes or under any of the other Loan Documents might involve it in liability, it may refrain from making distribution until its right to make distribution shall have been adjudicated by a court of competent jurisdiction. If a court of competent jurisdiction shall adjudge that any amount received and distributed by an Agent is to be repaid, each Person to whom any such distribution shall have been made shall either repay to such 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: Revolving Credit and Term Loan Agreement (Hvide Marine Inc), Credit and Term Loan Agreement (Hvide Marine Inc), Revolving Credit Agreement (Hvide Marine Inc)

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Distribution by Agents. If in the opinion of an Agent the Agents the distribution of any amount received by it in such capacity hereunder, under the Notes or under any of the other Loan Documents Documents, might involve result in the incurrence by it in of any liability, it may refrain from making such distribution until its right to make such distribution shall have been adjudicated by a court of competent jurisdiction. If a court of competent jurisdiction shall adjudge that any amount received from the Borrower and distributed by an Agent the Agents is to be repaid, each Person to whom any such distribution shall have been made shall either repay to such Agent the Agents 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. 14.5.3.

Appears in 1 contract

Samples: Revolving Credit Agreement (HMT Technology Corp)

Distribution by Agents. If in the opinion of an Agent any the ---------------------- Agents the distribution of any amount received by it in such capacity hereunder, under the Notes Notes, this Credit Agreement or under any of the other Loan Documents might involve it in liability, it may refrain from making such distribution until its right to make such distribution shall have been adjudicated by a court of competent jurisdiction. If a court of competent jurisdiction shall adjudge that any amount received and distributed by an Agent the Agents is to be repaid, each Person to whom any such distribution shall have been made shall either repay to such Agent the Agents 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 1 contract

Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc)

Distribution by Agents. If in the opinion of an Agent either of the Agents the distribution of any amount received by it in such capacity hereunder, under the Notes or under any of the other Loan Documents might involve it in liability, it may refrain from making distribution until its right to make distribution shall have been adjudicated by a court of competent jurisdiction. If a court of competent jurisdiction shall adjudge that any amount received and distributed by an Agent either of the Agents is to be repaid, each Person to whom any such distribution shall have been made shall either repay to such 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 1 contract

Samples: Gold Consignment Agreement (Commemorative Brands Inc)

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Distribution by Agents. If in the opinion of an any Agent the distribution of any amount received by it in such capacity hereunder, under the Notes or under any of the other Loan Documents might involve it in liability, it may refrain from making distribution until its right to make distribution shall have been adjudicated by a court of competent jurisdiction. If a court of competent jurisdiction shall adjudge that any amount received and distributed by an such Agent is to be repaid, each Person to whom any such distribution shall have been made shall either repay to such 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 1 contract

Samples: Revolving Credit Agreement (Ryder System Inc)

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