Distributions to the Borrower. The Agent may (with the Borrower’s consent or in accordance with Clause 28 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 8 contracts
Samples: Facility Agreement (MTS Inc), Facility Agreement (Stats Chippac Ltd.), Facility Agreement (Mobile Telesystems Ojsc)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 8 contracts
Samples: Bridge Facility Agreement (Himalaya Shipping Ltd.), Credit Facility Agreement (Sap Ag), Credit Facility Agreement (Sap Ag)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 33 (Set-off)) , apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 7 contracts
Samples: Senior Secured Credit Facility Agreement, Senior Secured Credit Facility Agreement, Senior Secured Credit Facility Agreement
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 27 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 7 contracts
Samples: Facility Agreement (Madeleine Charging B.V.), Revolving Facility Agreement, Credit Facility Agreement (Saturn Expansion Corp)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 29 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 6 contracts
Samples: Facility Agreement (NORDIC AMERICAN TANKERS LTD), Second Supplemental Agreement (KNOT Offshore Partners LP), Facility Agreement (Bunge LTD)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 31 (Set-off)) apply any amount received by it for the that Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 6 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 30 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 4 contracts
Samples: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.), Syndicated Multicurrency Term Loan Facility Agreement (Sap France S.A.), Syndicated Multicurrency Term Loan Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 31 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 3 contracts
Samples: Revolving Credit Facility Agreement (Mercer International Inc.), Facility Agreement (Bunge LTD), Facility Agreement (Schroder Ventures International Investment Trust PLC)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 23 (Set-off)) , apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 3 contracts
Samples: Senior Secured Term Loan and Revolving Credit Facility Agreement, Senior Secured Term Loan and Revolving Credit Facility Agreement (Seadrill Partners LLC), Senior Secured Term Loan and Revolving Credit Facility Agreement (Seadrill Partners LLC)
Distributions to the Borrower. The An Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Financing Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 3 contracts
Samples: Syndicated Credit Agreement, Credit Agreement (France Telecom /), Credit Agreement (France Telecom /)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 32 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 3 contracts
Samples: Revolving Facility Agreement (Bunge Global SA), Facility Agreement (Bungeltd), Facility Agreement (Morgans Hotel Group Co.)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 (Set-offOff)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 25 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Facility Agreement (Polestar Automotive Holding UK PLC), Facility Agreement (Polestar Automotive Holding UK PLC)
Distributions to the Borrower. The Agent may (with the Borrower’s 's consent or in accordance with Clause 28 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Facility Agreement (Mobile Telesystems Ojsc), Term Loan Facilities Agreement (Sterlite Industries (India) LTD)
Distributions to the Borrower. The Agent may (with upon the Borrower’s consent instruction or in accordance with Clause 28 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 clause 29 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 33 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 31 (Set-offOff)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Atlas Investissement), Senior Facilities Agreement (Atlas Investissement)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 42 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)
Distributions to the Borrower. The Agent may (with the consent of the Borrower’s consent or in accordance with Clause 28 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Facility Documents or in or towards purchase of any amount of any currency to be so applied.
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.)
Distributions to the Borrower. The Agent may (with the consent of the Borrower’s consent or in accordance with Clause 28 (Set-off)) , apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 31 (Set-off)) ), apply any amount received by it for the Borrower Obligors in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower Obligors under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Term Loan and Revolving Credit Facilities Agreement (Seadrill Partners LLC), Senior Secured Credit Facility Agreement (Seadrill Partners LLC)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 30 (Set-offOff)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 29 (Set-off)) ), apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (Seawell LTD), Term Loan Facility Agreement (B Plus H Ocean Carriers LTD)
Distributions to the Borrower. The Agent may (with upon the Borrower’s consent instruction or in accordance with Clause 28 30 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 2 contracts
Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 30 (Set-off)) , apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Senior Secured Credit Facility Agreement (North Atlantic Drilling Ltd.)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 32 (Set-off)) , apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Senior Secured Credit Facility Agreement (Ocean Rig UDW Inc.)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 15.3 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 (Set-off)) ), apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Term Loan Agreement (Helix Energy Solutions Group Inc)
Distributions to the Borrower. The Agent and the Security Trustee may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 29 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 (Set-off)otherwise at any time an Event of Default has occurred and is subsisting) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 26 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Facilities Agreement (Exide Corp)
Distributions to the Borrower. The Agent may (with the Borrower’s consent or in accordance with Clause 28 (Set-offOff)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Facility Agreement (Chartered Semiconductor Manufacturing LTD)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 clause 29 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Facility Agreement (PCCW LTD)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 29 (Set-offOff)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Bridge Facilities Agreement (Compagnie Maritime Belge NV)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 27 (Set-offOff)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Facilities Agreement (WEIBO Corp)
Distributions to the Borrower. The A Transaction Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 27 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under any or all of the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 27 (Set-off)) ), apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Long Term Facility Agreement (General Geophysics Co)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Obligor or in accordance with Clause 28 Clause29 (Set-off)) apply any amount received by it for the Borrower that Obligor in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower that Obligor under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 clause 31 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Sterling Term Facility Agreement (American Realty Capital Global Trust, Inc.)
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower (unless an Event of Default is continuing) or in accordance with Clause 28 27 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 (Set-off)) ), apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Nordic American Tanker Shipping LTD)
Distributions to the Borrower. The An Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 29 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Financing Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Credit Agreement (France Telecom /)
Distributions to the Borrower. The Agent may (with the Borrower’s consent or in accordance with Clause 28 (Set-off)) apply any amount received by it for the that Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 clause 29 (Set-Set- off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Net 1 Ueps Technologies Inc)
Distributions to the Borrower. The Paying Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 (Set-offOff)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Distributions to the Borrower. The Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 33 (Set-offOff)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Secured Term Loan Facility (Mohegan Tribal Gaming Authority)
Distributions to the Borrower. The An Agent may (with the Borrower’s consent of the Borrower or in accordance with Clause 28 30 (Set-off)) apply any amount received by it for the Borrower in or towards payment (on the date and in the currency and funds of receipt) of any amount due from the Borrower under the Finance Documents or in or towards purchase of any amount of any currency to be so applied.
Appears in 1 contract
Samples: Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)