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 23 and applies that amount to a payment due under the Security Documents then: 22.1.1 the Recovering Finance Party shall, within three (3) Business Days, notify details of the receipt or recovery to the Agent; 22.1.2 the 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 Agent and distributed in accordance with Clause 17 and Clause 23), without taking account of any tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and 22.1.3 the Recovering Finance Party shall, within three (3) Business Days of demand by the Agent, pay to the Agent an amount (the “Sharing Payment”) equal to such receipt or recovery less any amount which the Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 17 and Clause 23.

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 23 29 (Payment mechanics) and applies that amount to a payment due under the Security Finance Documents then: 22.1.1 (a) the Recovering Finance Party shall, within three (3) Business Days, notify details of the receipt or recovery to the Agent; 22.1.2 (b) the 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 Agent and distributed in accordance with Clause 17 and Clause 2329 (Payment mechanics), without taking account of any tax Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and 22.1.3 (c) the Recovering Finance Party shall, within three (3) Business Days of demand by the Agent, pay to the Agent an amount (the “Sharing Payment”) equal to such receipt or recovery less any amount which the Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 17 and Clause 2329.5 (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 23 29 (Payment mechanics) and applies that amount to a payment due under the Security Finance Documents then: 22.1.1 28.1.1 the Recovering Finance Party shall, within three (3) Business Days, notify details of the receipt or recovery recovery, to the Agent; 22.1.2 28.1.2 the 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 Agent and distributed in accordance with Clause 17 and Clause 2329 (Payment mechanics), without taking account of any tax Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and 22.1.3 28.1.3 the Recovering Finance Party shall, within three (3) Business Days of demand by the Agent, pay to the Agent an amount (the “Sharing Payment”) equal to such receipt or recovery less any amount which the Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 17 and Clause 2329.5 (Partial payments).

Payments to Finance Parties. If a Finance Party (a “Recovering Finance Party”) receives or recovers any amount from an Obligor a Borrower other than in accordance with Clause 23 27 (Payment mechanics) and applies that amount to a payment due under the Security Finance Documents then: 22.1.1 (a) the Recovering Finance Party shall, within three (3) Business Days, notify details of the receipt or recovery to the Agent; 22.1.2 (b) the 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 Agent and distributed in accordance with Clause 17 and Clause 2327 (Payment mechanics), without taking account of any tax Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and 22.1.3 (c) the Recovering Finance Party shall, within three (3) Business Days of demand by the Agent, pay to the Agent an amount (the “Sharing Payment”) equal to such receipt or recovery less any amount which the Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 17 and Clause 23.27.5 (Partial payments). A02583129/5.0/05 Feb 2003 Back to Contents

Payments to Finance Parties. If a Finance Party (a “Recovering Finance Party”) receives or recovers any amount from an Obligor the Borrower other than in accordance with Clause 23 clause 28 and applies that amount to a payment due under the Security Finance Documents then: 22.1.1 26.1.1 the Recovering Finance Party shall, within three (3) Business Days, notify details of the receipt or recovery recovery, to the Facility Agent; 22.1.2 26.1.2 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 17 and Clause 23)clause 28, without taking account of any tax Tax which would be imposed on the Facility Agent in relation to the receipt, recovery or distribution; and 22.1.3 26.1.3 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 17 and Clause 23clause 28.5.

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 23 29 (Payments) and applies that amount to a payment due under the Security Finance Documents then: 22.1.1 (a) the Recovering Finance Party shall, within three (3) Business Days, notify details of the receipt or recovery recovery, to the Agent; 22.1.2 (b) the 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 Agent and distributed in accordance with Clause 17 and Clause 2329 (Payments), without taking account of any tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and 22.1.3 (c) the Recovering Finance Party shall, within three (3) Business Days of demand by the Agent, pay to the Agent an amount (the “Sharing Payment”) equal to such receipt or recovery less any amount which the Agent determines may be retained by the Recovering Finance Party as its share of any payment to be made, in accordance with Clause 17 and Clause 2329.6 (Partial Payments).