Loss Sharing. This Agreement includes a Single Family Shared-Loss Agreement attached hereto as Exhibit 4.15A and a Commercial Shared-Loss Agreement attached hereto as Exhibit 4.15B. The Assuming Institution shall be entitled to require reimbursement from the Receiver for shared losses, and shall share recoveries, on certain loans and assets in accordance with the Shared-Loss Agreements.
Loss Sharing. This Agreement includes no Shared-Loss Agreements.
Loss Sharing. 25.1 In the event that an Insolvency Proceeding occurs in respect of Computershare, where Computershare does not hold sufficient Securities, the shortfall in Securities shall be borne in the following sequence:
25.1.1 Computershare’s own Securities of the same kind, if any, shall first be used to make up for the shortfall in Securities;
25.1.2 if after clause 25.1.1 there is still a shortfall in Securities, all Computershare’s Clients who hold securities of the same kind collectively in a Central Securities Account shall bear the shortfall in Securities in such Central Securities Account or Securities Account in proportion to the interest allocated to each such Client, at the time immediately preceding the occurrence of an Insolvency Proceeding against Computershare.
Loss Sharing. (a) In this Clause:
Loss Sharing. (a) If a Revolving Facility A Loan (including a US Dollar Swingline Loan) or interest on a Revolving Facility A Loan (including a US Dollar Swingline Loan) is not paid in full on its due date, the Agent (if requested to do so in writing by any affected Lender) shall calculate the amount (if any) which needs to be paid or received by each Lender with a Revolving Facility A Commitment to place that Lender in the position it would have been in had each Lender (or its Affiliate) with a Facility A Commitment participated in that Loan in the proportion borne by its Facility A Commitment to the Total Facility A Commitments and, if the Total Facility A Commitments are then zero, the proportion borne by its Facility A Commitment to the Total Facility A Commitments immediately prior to their reduction to zero.
(b) The calculation of the Agent is designed solely to allocate the unpaid amount proportionally among the Lenders with a Revolving Facility A Commitment according to their Revolving Facility A Commitments and will not take into account any commitment fee or other amount payable under the Finance Documents.
(c) The Agent will set a date (the “Loss Sharing Date”) on which payments must be made under this Clause 11.9. The Agent shall give at least three (3) Business Days’ notice to each affected Lender of this date and the amount of the payment (if any) to be paid or received by it on this date.
(d) On the Loss Sharing Date:
(i) each affected Lender who has to make a payment shall pay to the Agent the relevant amount set out in the notice referred to in paragraph (c) above; and
(ii) out of the amounts the Agent receives, the Agent shall pay to each affected Lender who is entitled to receive a payment the amount set out in that notice.
(e) If the amount actually received by the Agent from the Lenders under paragraph (d) above is insufficient to pay the full amount required to be paid under that paragraph, the Agent shall distribute the amount it actually receives among the affected Lenders pro rata to the amounts they are entitled to receive under that paragraph.
(f) If a Lender makes a payment to the Agent under this Clause 11.9 then, to the extent that that payment is distributed by the Agent under paragraphs (d) or (e) above, as between the relevant Obligor and that Lender an amount equal to the amount of that distributed payment will be treated as not having been paid by the relevant Obligor.
(g) Any payment under this Clause 11.9 will not reduce the obligati...
Loss Sharing. The loss sharing provisions set out in paragraph 20.6 of Schedule 10 (Security agency provisions) shall apply.
Loss Sharing. (a) If, at any time after any amount has become payable to the beneficiary under a Letter of Credit, for any reason any amount due and owing to a Lender under the Finance Documents in respect of that claim has not been paid or discharged and any resulting unpaid amount is not shared among the Lenders of the relevant Revolving Facility pro rata to their Loss Share Proportions in respect of such Revolving Facility, the Lenders shall make such payments between themselves as the Agent shall require to ensure that, after taking into account such payments, any such amount is shared between the relevant Lenders pro rata to their Loss Share Proportions.
(b) If a Lender (the “Paying Bank”) makes a payment to the Agent for distribution to one or more other Lenders under paragraph (a) above then, without double counting, the liability of the relevant Borrower to the Paying Bank shall be increased (or treated as not having been reduced) by an amount equal to the payment so made and the liability of such Borrower to the Lender(s) to which any such payment has been made shall be reduced (or treated as not having been increased) by an amount equal to the payment so made. Following any application of the provisions of paragraph (a) above the Agent is authorised and is instructed to deliver to the beneficiary an adjusted L/C Schedule or a new Letter of Credit, as the case may be, under the terms of this Agreement. Such adjusted L/C or new Letter of Credit shall reflect the L/C Commitments of the Lenders after the application of paragraph (a) above.
(c) Xxxxx Fargo Bank, NA will only be deemed to be a Lender for the purposes of this Clause 8.8 (Loss sharing) after the Target Accession Date has occurred and shall not have any liability in respect of Letters of Credit issued prior to the Target Accession Date.
Loss Sharing. Under current PRC Laws, neither our Company nor WFOE is legally required to share losses of, or provide financial support to, Onshore Holdco. Further, Onshore Holdco is a limited liability company that is solely liable for its own debts and losses in relation to its assets and liabilities. Notwithstanding this, WFOE intends to provide continuous support and assistance to Onshore Holdco and its subsidiaries, as necessary, and their financial performance will be consolidated into our Company’s accounts. As such, our operational and financial performance would be materially and adversely affected if Onshore Holdco suffers loss. To minimize the risk of loss, we have undertaken a number of measures under the Contractual Arrangements. In particular, see “Option agreement” and “Share pledge agreements” in the sub-section “—Arrangements that provide us with effective control over our Consolidated Affiliated Entities” above for more information.
Loss Sharing. Treasury and the GSEs shall share Program Losses, if any, realized on the principal of the Program Bonds represented by the Custodial Receipts related to the GSE Securities issued under the New Issue Bond Program in accordance with and only to the extent set forth in Schedule C of this Agreement. Any losses incurred with respect to accrued but unpaid interest on any such Program Bonds are not subject to sharing with the GSEs and will be borne entirely by Treasury.
