Common use of Payments to Finance Parties Clause in Contracts

Payments to Finance Parties. If a Finance Party (a "Recovering Finance Party") receives or recovers any amount from an Obligor other than in accordance with Clause 33 (Payment mechanics) or Clause 31.3 (Hedging Banks) (a "Recovered Amount" ) and applies that amount to a payment due under the Finance Documents then: 32.1.1 the Recovering Finance Party shall, within three Business Days, notify details of the receipt or recovery, to the Facility Agent; 32.1.2 the Facility Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Finance Party would have been paid had the receipt or recovery been received or made by the Facility Agent and distributed in accordance with Clause 33 (Payment mechanics), without taking account of any Tax which would be imposed on the Facility Agent in relation to the receipt, recovery or distribution; and 32.1.3 the Recovering Finance Party shall, within three Business Days of demand by the Facility Agent, pay to the Facility Agent an amount (the "Sharing Payment") equal to such receipt or recovery less any amount which the Facility Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 33.5 (Partial payments).

Payments to Finance Parties. If a Finance Party (a "Recovering Finance Party") receives or recovers any amount from an Obligor other than in accordance with Clause 33 clause 30 (Payment mechanics) or Clause 31.3 (Hedging Banks) (a "Recovered Amount" ) and applies that amount to a payment due under the Finance Documents then: 32.1.1 29.1.1. the Recovering Finance Party shall, within three 3 (three) Business Days, notify details of the receipt or recoveryRecovered Amount, to the Facility Agent; 32.1.2 29.1.2. the Facility Agent shall determine whether the receipt or recovery Recovered Amount is in excess of the amount the Recovering Finance Party would have been paid had the receipt or recovery Recovered Amount been received or made by the Facility Agent and distributed in accordance with Clause 33 clause 30 (Payment mechanics), without taking account of any Tax which would be imposed on the Facility Agent in relation to the receipt, recovery or distribution; and 32.1.3 29.1.3. the Recovering Finance Party shall, within three 3 (three) Business Days of demand by the Facility Agent, pay to the Facility Agent an amount (the "Sharing Payment") equal to such receipt or recovery Recovered Amount less any amount which the Facility Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 33.5 clause 30.5 (Partial payments).

Payments to Finance Parties. If a Finance Party (a "“Recovering Finance Party"”) receives or recovers any amount from an Obligor other than in accordance with Clause 33 27 (Payment mechanics) or Clause 31.3 (Hedging BanksMechanics) (a "“Recovered Amount" ”) and applies that amount to a payment due under the Finance Documents then: 32.1.1 26.1.1 the Recovering Finance Party shall, within three (3) Business Days, notify details of the receipt or recovery, to the Facility Facilities Agent; 32.1.2 26.1.2 the Facility Facilities Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Finance Party would have been paid had the receipt or recovery been received or made by the Facility Facilities Agent and distributed in accordance with Clause 33 27 (Payment mechanicsMechanics), without taking account of any Tax which would be imposed on the Facility Facilities Agent in relation to the receipt, recovery or distribution; and 32.1.3 26.1.3 the Recovering Finance Party shall, within three (3) Business Days of demand by the Facility Facilities Agent, pay to the Facility Facilities Agent an amount (the "“Sharing Payment"”) equal to such receipt or recovery less any amount which the Facility Facilities Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 33.5 27.6 (Partial payments).

Payments to Finance Parties. If a Finance Party (a "Recovering Finance Party") receives or recovers any amount from an Obligor other than in accordance with Clause 33 (Payment mechanics) or Clause 31.3 (Hedging BanksMechanics) (a "Recovered Amount" ) and applies that amount to a payment due under the Finance Documents then: 32.1.1 30.1.1 the Recovering Finance Party shall, within three 3 Business Days, notify details of the receipt or recovery, to the Facility Agent; 32.1.2 30.1.2 the Facility Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Finance Party would have been paid had the receipt or recovery been received or made by the Facility Agent and distributed in accordance with Clause 33 (Payment mechanicsMechanics), without taking account of any Tax which would be imposed on the Facility Agent in relation to the receipt, recovery or distribution; and 32.1.3 30.1.3 the Recovering Finance Party shall, within three 3 Business Days of demand by the Facility Agent, pay to the Facility Agent an amount (the "Sharing Payment") equal to such receipt or recovery less any amount which the Facility Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 33.5 (Partial payments).

Payments to Finance Parties. If a Finance Party (a "Recovering Finance Party") receives or recovers any amount from an Obligor other than in accordance with Clause 33 28 (Payment mechanics) or Clause 31.3 (Hedging BanksMechanics) (a "Recovered Amount" ) and applies that amount to a payment due under the Finance Documents Documents, then: 32.1.1 27.1.1 the Recovering Finance Party shall, within three 3 (three) Business Days, notify details of the receipt or recovery, recovery to the Facility Agent; 32.1.2 27.1.2 the Facility Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Finance Party would have been paid had the receipt or recovery been received or made by the Facility Agent and distributed in accordance with Clause 33 28 (Payment mechanicsMechanics), without taking account of any Tax which would be imposed on the Facility Agent in relation to the receipt, recovery or distribution; and 32.1.3 27.1.3 the Recovering Finance Party shall, within three 3 (three) Business Days of demand by the Facility Agent, pay to the Facility Agent an amount (the "Sharing Payment") equal to such receipt or recovery less any amount which the Facility Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 33.5 28.6 (Partial payments).

Payments to Finance Parties. If a Finance Party (a "“Recovering Finance Party"”) receives or recovers any amount from an Obligor other than in accordance with Clause 33 29 (Payment mechanics) or Clause 31.3 (Hedging Banks) (a "Recovered Amount" ) and applies that amount to a payment due under the Finance Documents (including by way of set-off) then: 32.1.1 (a) the Recovering Finance Party shall, within three Business Days, notify details of the receipt or recovery, recovery to the Facility Agent; 32.1.2 (b) the Facility Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Finance Party would have been paid had the receipt or recovery been received or made by the Facility Agent and distributed in accordance with Clause 33 29 (Payment mechanics), without taking account of any Tax which would be imposed on the Facility Agent in relation to the receipt, recovery or distribution; and 32.1.3 (c) the Recovering Finance Party shall, within three Business Days of demand by the Facility Agent, pay to the Facility Agent an amount (the "“Sharing Payment"”) equal to such receipt or recovery less any amount which the Facility Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 33.5 29.5 (Partial payments).. LD857960/38