Common use of Impaired Agent Clause in Contracts

Impaired Agent. (a) If, at any time, any Agent becomes an Impaired Agent, a Credit Party or a Lender which is required to make a payment under the Credit Documents to such Agent in accordance with Section 4.03 may instead either pay that amount directly to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party or the Lender making the payment and designated as a trust account for the benefit of the party or parties hereto beneficially entitled to that payment under the Credit Documents. In each case such payments must be made on the due date for payment under the Credit Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement which has made a payment in accordance with this Section 12.10 shall be discharged of the relevant payment obligation under the Credit Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11, each party to this Agreement which has made a payment to a trust account in accordance with this Section 12.10 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04

Impaired Agent. (a) If, at any time, any Agent becomes an Impaired Agent, a Credit Party or a Lender which is required to make a payment under the Credit Documents to such Agent in accordance with Section 4.03 may instead either pay that amount directly to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party or the Lender making the payment and designated as a trust account for the benefit of the party or parties hereto beneficially entitled to that payment under the Credit Documents. In each case such payments must be made on the due date for payment under the Credit Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement which has made a payment in accordance with this Section 12.10 shall be discharged of the relevant payment obligation under the Credit Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11, each party to this Agreement which has made a payment to a trust account in accordance with this Section 12.10 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04.

Impaired Agent. (a) If, at any time, any the Facility Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Facility Agent in accordance with Section 4.03 this Agreement may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within Bank, as agreed with the meaning of paragraph (a) of the definition of “Acceptable Bank” recipient, and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the any trust account created under paragraph (a) above shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 paragraph (a) above shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of The Majority Lenders may promptly appoint a successor Facility Agent in accordance with Section 12.11, and each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 paragraph (a) above shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Facility Agent for distribution in accordance with Section 2.04the terms of this Agreement.

Impaired Agent. (a) If, at any time, any Agent becomes an Impaired Agent, a Credit Party or a Lender which is required to make a payment under the Credit Documents to such Agent in accordance with Section 4.03 may instead either pay that amount directly to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party or the Lender making the payment and designated as a trust account for the benefit of the party or parties hereto beneficially entitled to that payment under the Credit Documents. In each case such payments must be made on the due date for payment under the Credit Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement which has made a payment in accordance with this Section 12.10 shall be discharged of the relevant payment obligation under the Credit Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11, each party to this Agreement which has made a payment to a trust account in accordance with this Section 12.10 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04the relevant provisions of the Credit Documents.

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 30.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 30.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 27.12 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 30.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 30.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any Agent becomes an Impaired Agent, a Credit Party or a Lender which is required to make a payment under the Credit Documents to such Agent in accordance with Section 4.03 may instead either pay that amount directly to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party or the Lender making the ​ -104- ​ ​ payment and designated as a trust account for the benefit of the party or parties hereto beneficially entitled to that payment under the Credit Documents. In each case such payments must be made on the due date for payment under the Credit Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement which has made a payment in accordance with this Section 12.10 shall be discharged of the relevant payment obligation under the Credit Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11, each party to this Agreement which has made a payment to a trust account in accordance with this Section 12.10 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party the Borrower or a Lender which is required to make a payment under the Credit Finance Documents to such Agent the Agent, as the case may be, in accordance with Section 4.03 Clause 30.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-interest bearing account held with an Acceptable Rated Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Borrower or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 30.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 27.13 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 30.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 30.2 (Distributions by the Agent).

Impaired Agent. (a) 42.1 If, at any time, any the Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 40.1 (Payments to the Agent) may instead either pay that amount directly to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) 42.2 All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) 42.3 A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 42 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) 42.4 Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 38.12 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 42 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 40.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party any Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 28.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 28.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 25.14 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 28.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 28.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any the Facility Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Facility Agent in accordance with Section 4.03 Clause 14.1 (Place) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Facility Agent in accordance with Section 12.11Clause 21.14 (Replacement of the Facility Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Facility Agent for distribution in accordance with Section 2.04Clause 14.4 (Distribution).

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 28.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account (Treuhandkonto) for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account (Treuhandkonto) shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 28.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust accountaccount (Treuhandkonto). (d) Promptly upon the appointment of a successor Agent agent in accordance with Section 12.11Clause 25.12 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account (Treuhandkonto) in accordance with this Section 12.10 Clause 28.5 shall give all requisite instructions to the bank with whom the trust account (Treuhandkonto) is held to transfer the amount (together with any accrued interest) to the successor Agent agent for distribution in accordance with Section 2.04Clause 28.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any Agent becomes an Impaired Agent, a Credit Party or a Lender which is required to make a payment under the Credit Documents to such Agent in accordance with Section 4.03 may instead either pay that amount directly to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party or the Lender making the payment and designated as a trust account for the benefit of the party or parties hereto beneficially entitled to that payment under the Credit Documents. In each case such payments must be made on the due date for payment under the Credit Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement which has made a payment in accordance with this Section 12.10 shall be discharged of the relevant payment obligation under the Credit Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11, each party to this Agreement which has made a payment to a trust account in accordance with this Section 12.10 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04in

Impaired Agent. (a) If, at any time, any the Facility Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Facility Agent in accordance with Section 4.03 Subclause 15.1 (Place) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Subclause shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Facility Agent in accordance with Section 12.11Subclause 22.14 (Replacement of the Facility Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Subclause shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Facility Agent for distribution in accordance with Section 2.04Subclause 15.4 (Distribution).

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender Bank which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 31.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” Bank and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender Bank making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 31.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 28.12 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 31.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 31.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any the Facility Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Facility Agent in accordance with Section 4.03 Clause 29.1 (Payments to the Facility Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 29.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Facility Agent in accordance with Section 12.11Clause 26.12 (Replacement of the Facility Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 29.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Facility Agent for distribution in accordance with Section 2.04Clause 29.2 (Distributions by the Facility Agent).

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 29.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 29.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11paragraph (g) of Clause 26.11 (Resignation of the Agent or the Security Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 29.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 29.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party the Borrower or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 26.1 (Payments to the Agent) may instead either pay that amount directly to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Borrower or the Lender making the payment and designated as a trust account over which Security is granted for the benefit of the party Party or parties hereto beneficially Parties entitled to that payment under the Credit DocumentsFinance Documents (the Trust Account). In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account Trust Account shall be for the benefit of the beneficiaries of that trust account Trust Account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 26.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust accountTrust Account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 23.11 (Resignation of the Agent), each party to this Agreement Party which has made a payment to a trust account Trust Account in accordance with this Section 12.10 Clause 26.5 shall give all requisite instructions to the bank with whom the trust account Trust Account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 26.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any the Facilities Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Facilities Agent in accordance with Section 4.03 Clause 33.1 (Payments to the Facilities Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuingoutstanding, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 33.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Facilities Agent in accordance with Section 12.11Clause 30.12 (Replacement of the Facilities Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 33.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Facilities Agent for distribution in accordance with Section 2.04Clause 33.2 (Distributions by the Facilities Agent).

Impaired Agent. (a) If, at any time, any the Facilities Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Facilities Agent in accordance with Section 4.03 Clause 34.1 (Payments to the Facilities Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing interest‑bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuingoutstanding, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 34.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Facilities Agent in accordance with Section 12.11Clause 31.12 (Replacement of the Facilities Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 34.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Facilities Agent for distribution in accordance with Section 2.04Clause 34.2 (Distributions by the Facilities Agent).

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 31.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements.account (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 31.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 28.12 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 31.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 31.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 28.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 28.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 25.12 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 28.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 28.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 30.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 30.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 27.15 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 30.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 30.2 (Distributions by the Agent).

Impaired Agent. (a) If, at any time, any the Agent becomes an Impaired Agent, a Credit Party an Obligor or a Lender which is required to make a payment under the Credit Finance Documents to such the Agent in accordance with Section 4.03 Clause 29.1 (Payments to the Agent) may instead either pay that amount directly direct to the required recipient or pay that amount to an interest-bearing account held with an Acceptable Bank within the meaning of paragraph (a) of the definition of “Acceptable Bank” and in relation to which no Insolvency Event has occurred and is continuing, in the name of the Credit Party Obligor or the Lender making the payment and designated as a trust account for the benefit of the party Party or parties hereto Parties beneficially entitled to that payment under the Credit Finance Documents. In each case such payments must be made on the due date for payment under the Credit Finance Documents. (b) All interest accrued on the amount standing to the credit of the trust account shall be for the benefit of the beneficiaries of that trust account pro rata to their respective entitlements. (c) A party to this Agreement Party which has made a payment in accordance with this Section 12.10 Clause 29.5 shall be discharged of the relevant payment obligation under the Credit Finance Documents and shall not take any credit risk with respect to the amounts standing to the credit of the trust account. (d) Promptly upon the appointment of a successor Agent in accordance with Section 12.11Clause 26.12 (Replacement of the Agent), each party to this Agreement Party which has made a payment to a trust account in accordance with this Section 12.10 Clause 29.5 shall give all requisite instructions to the bank with whom the trust account is held to transfer the amount (together with any accrued interest) to the successor Agent for distribution in accordance with Section 2.04Clause 29.2 (Distributions by the Agent).