Lenders' Sharing Arrangement. Each of the Lenders agrees that if it should receive any amount (whether by voluntary payment, realization upon security, the exercise of the right of set-off, or otherwise) which is applicable to the payment of the principal of, or interest or fees on, the Advances, of an amount that with respect to the related sum or sums received (or receivable) by the other Lenders is in greater proportion than that Lender's Pro Rata ownership of the Loan, then such Lender receiving such excess amount shall purchase from the other Lenders an interest in the obligations of the Company under this Agreement or any of the Facilities Papers in such amount as shall result in a proportional participation by all of the Lenders in such excess amount; provided that if all or any portion of such excess amount is thereafter recovered from such Lender, such purchase shall be rescinded and the purchase price restored to the extent of such recovery; and further provided that the provisions of this SECTION 13.6 shall not apply to the Agent's Fees under this Agreement or to any fees which the Agent or successor custodian might be paid pursuant to the Custody Agreement.
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (Long Beach Financial Corp), Senior Secured Credit Agreement (Sunset Financial Resources Inc), Senior Secured Credit Agreement (Long Beach Financial Corp)
Lenders' Sharing Arrangement. Each of the Lenders agrees that if it should receive any amount (whether by voluntary payment, realization upon security, the exercise of the right of set-off, or otherwise) which is applicable to the payment of the principal of, or interest or fees on, the Advances, of an amount that with respect to the related sum or sums received (or receivable) by the other Lenders is in greater proportion than that Lender's ’s Pro Rata ownership of the Loan, then such Lender receiving such excess amount shall purchase from the other Lenders an interest in the obligations of the Company Companies under this Agreement or any of the Facilities Papers in such amount as shall result in a proportional participation by all of the Lenders in such excess amount; provided that if all or any portion of such excess amount is thereafter recovered from such Lender, such purchase shall be rescinded and the purchase price restored to the extent of such recovery; and further provided that the provisions of this SECTION 13.6 Section 14.6 shall not apply to the Agent's ’s Fees under this Agreement or to any fees which the Agent or successor custodian might be paid pursuant to the Custody Agreement.
Appears in 3 contracts
Samples: Credit Agreement, Senior Secured Credit Agreement (Homebanc Corp), Senior Secured Credit Agreement (Homebanc Corp)
Lenders' Sharing Arrangement. Each of the Lenders agrees that if it should receive any amount (whether by voluntary payment, realization upon security, the exercise of the right of set-off, or otherwise) which is applicable to the payment of the principal of, or interest or fees on, the Advances, of an amount that with respect to the related sum or sums received (or receivable) by the other Lenders is in greater proportion than that Lender's ’s Pro Rata ownership of the Loan, then such Lender receiving such excess amount shall purchase from the other Lenders an interest in the obligations of the Company under this Agreement or any of the Facilities Papers in such amount as shall result in a proportional participation by all of the Lenders in such excess amount; provided that if all or any portion of such excess amount is thereafter recovered from such Lender, such purchase shall be rescinded and the purchase price restored to the extent of such recovery; and further provided that the provisions of this SECTION Section 13.6 shall not apply to the Agent's ’s Fees under this Agreement or to any fees which the Agent or successor custodian might be paid pursuant to the Custody Agreement.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (E Loan Inc), Senior Secured Credit Agreement (Homebanc Corp)
Lenders' Sharing Arrangement. Each of the Lenders agrees that if it should receive any amount (whether by voluntary payment, realization upon security, the exercise of the right of set-off, or otherwise) which is applicable to the payment of the principal of, or interest or fees on, the Advances, of an amount that with respect to the related sum or sums received (or receivable) by the other Lenders is in greater proportion than that Lender's Pro Rata ownership of the Loan, then such Lender receiving such excess amount shall purchase from the other Lenders an interest in the obligations of the Company under this Agreement or any of the Facilities Papers in such amount as shall result in a proportional participation by all of the Lenders in such excess amount; provided that if all or any portion of such excess amount is thereafter recovered from such Lender, such purchase shall be rescinded and the purchase price restored to the extent of such recovery; and further provided that the provisions of this SECTION 13.6 Section 14.6 shall not apply to the Agent's Fees Administrative Fee under this Agreement or to any fees which the Agent or successor custodian might be paid pursuant to the Custody Agreement.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (American Business Financial Services Inc /De/)
Lenders' Sharing Arrangement. Each of the Lenders Banks agrees that if it should receive any amount (whether by voluntary payment, realization upon security, the exercise of the right of set-off, or otherwise) which is applicable to the payment of the principal of, or interest or fees on, the AdvancesLoans, or fees of an amount that with respect to the related sum or sums received (or receivable) by the other Lenders Banks is in greater proportion than that LenderBank's Pro Rata ownership of the LoanLoans, then such Lender Bank receiving such excess amount shall purchase from the other Lenders Banks an interest in the obligations of the Company Obligors under this Agreement or any of the other Facilities Papers in such amount as shall result in a proportional participation by all of the Lenders Banks in such excess amount; provided that if all or any portion of such excess amount is thereafter recovered from such LenderBank, such purchase shall be rescinded and the purchase price restored to the extent of such recovery; and provided further provided that the provisions of this SECTION 13.6 Section 11.15 shall not apply to the Agent's Processing Fees under this Agreement or any other fees due to the Agent pursuant to any fees which letter agreement or other agreement between the Agent or successor custodian might be paid pursuant to Guarantor and/or the Custody AgreementObligors and the Agent.
Appears in 1 contract
Lenders' Sharing Arrangement. Each of the Lenders agrees that if it should receive any amount (whether by voluntary payment, realization upon security, the exercise of the right of set-off, or otherwise) which is applicable to the payment of the principal of, or interest or fees on, the Advances, of an amount that with respect to the related sum or sums received (or receivable) by the other Lenders is in greater proportion than that Lender's Pro Rata ownership of the Loan, then such Lender receiving such excess amount shall purchase from the other Lenders an interest in the obligations of the Company under this Agreement or any of the Facilities Papers in such amount as shall result in a proportional participation by all of the Lenders in such excess amount; provided that if all or any portion of such excess amount is thereafter recovered from such Lender, such purchase shall be rescinded and the purchase price restored to the extent of such recovery; and further provided that the provisions of this SECTION 13.6 Section 14.6 shall not apply to the Agent's Fees under this Agreement or to any fees which the Agent or successor custodian might be paid pursuant to the Custody Agreement.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (American Business Financial Services Inc /De/)