Payments to Lenders. If a Lender (a "Recovering Lender") receives or recovers any amount from the Borrower other than in accordance with clause 27 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then: (A) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent; (B) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and (C) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 (Partial payments).
Appears in 4 contracts
Samples: Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD)
Payments to Lenders. 24.1.1 If a Lender (a "Recovering LenderRECOVERING LENDER") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 25 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three ten Business Days, notify details of the receipt or recovery, to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 25 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three ten Business Days of demand by the Agent, pay to the Agent an amount (the "Sharing PaymentSHARING PAYMENT") equal to such receipt or recovery less any amount which the Agent determines may be retained by the Recovering Lender as its share of any payment to be made, in accordance with clause 27.5 25.5 (Partial payments).
Appears in 3 contracts
Samples: Investor Loan Agreement (Aramex International LTD), Mezzanine Bridge Facility Agreement (Aramex International LTD), Bridge Facility Agreement (Aramex International LTD)
Payments to Lenders. If a Lender (a "“Recovering Lender"”) receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 29 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, recovery to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 29 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 29.6 (Partial payments).
Appears in 3 contracts
Samples: Facilities Agreement (Sappi LTD), Credit Agreement (Sappi LTD), Credit Agreement (Sappi LTD)
Payments to Lenders. If a Lender (a "“Recovering Lender"”) receives or recovers any amount from the Borrower other than in accordance with clause 27 Clause 31 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 31 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 31.5 (Partial payments).
Appears in 2 contracts
Samples: Subscription Agreement (WMC Resources Inc), Subscription Agreement (WMC Resources Inc)
Payments to Lenders. If a Lender (a "Recovering Lender") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 28 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, recovery to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 28 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 28.6 (Partial payments).
Appears in 2 contracts
Samples: Amending Agreement (Sappi LTD), Facility Agreement (Sappi LTD)
Payments to Lenders. If a Lender (a "“Recovering Lender"”) receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 31 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 31 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 31.5 (Partial payments).
Appears in 1 contract
Samples: Senior Facilities Agreement (Messer Griesheim Holding Ag)
Payments to Lenders. If a Lender (a "“Recovering Lender"”) receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 29 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, recovery to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 29 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 29.5 (Partial payments).
Appears in 1 contract
Samples: Credit Agreement (Sappi LTD)
Payments to Lenders. If a Lender (a "‘Recovering Lender"’) receives or recovers any amount from the Borrower other than in accordance with clause 27 Clause 29 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 29 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 29.5 (Partial payments).
Appears in 1 contract
Payments to Lenders. If a Lender (a "Recovering Lender") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 29 (Payment mechanicsMechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 29 (Payment mechanicsMechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 29.5 (Partial paymentsPayments).
Appears in 1 contract
Payments to Lenders. If a Lender (a "Recovering Lender") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 30 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(A) 29.1.1 the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent;
(B) 29.1.2 the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 30 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(C) 29.1.3 the Recovering Lender 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 30.5 (Partial payments).
Appears in 1 contract
Samples: Term Loan and Standby Letter of Credit Facilities (PCCW LTD)
Payments to Lenders. If a Lender (a "Recovering LenderRECOVERING LENDER") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 (Payment mechanics) Clause 30 and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 (Payment mechanics)Clause 30, without taking account of any Tax which 98 106 would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three Business Days of demand by the Agent, pay to the Agent an amount (the "Sharing PaymentSHARING PAYMENT") equal to such receipt or recovery less any amount which the Agent determines may be retained by the Recovering Lender as its share of any payment to be made, in accordance with clause 27.5 (Partial payments)Clause 30.5.
Appears in 1 contract
Payments to Lenders. If a Lender (a "“Recovering Lender"”) receives or recovers any amount from the Borrower other than in accordance with clause Clause 27 (Payment mechanicsMechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, recovery to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause Clause 27 (Payment mechanicsMechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause Clause 27.5 (Partial payments).
Appears in 1 contract
Samples: Facility Agreement (Chartered Semiconductor Manufacturing LTD)
Payments to Lenders. If a Lender (a "Recovering Lender") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 31 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, recovery to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 31 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 31.5 (Partial payments).
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (Sodexho Alliance S A)
Payments to Lenders. If a Lender (a "Recovering Lender") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 33 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 33 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 33.5 (Partial payments).
Appears in 1 contract
Payments to Lenders. If a Lender (a "Recovering LenderRECOVERING LENDER") receives or recovers any amount from the Borrower other than in accordance with clause Clause 27 (Payment mechanicsMechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, recovery to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause Clause 27 (Payment mechanicsMechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three Business Days of demand by the Agent, pay to the Agent an amount (the "Sharing PaymentSHARING PAYMENT") equal to such receipt or recovery less any amount which the Agent determines may be retained by the Recovering Lender as its share of any payment to be made, in accordance with clause Clause 27.5 (Partial payments).
Appears in 1 contract
Samples: Facility Agreement (Chartered Semiconductor Manufacturing LTD)
Payments to Lenders. If a Lender (a "Recovering Lender") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 28 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three (3) Business Days, notify details of the receipt or recovery, recovery to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 28 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 28.6 (Partial payments).
Appears in 1 contract
Payments to Lenders. If a Lender (a "“Recovering Lender"”) receives or recovers any amount from the Borrower other than in accordance with clause 27 Clause 30 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 30 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 30.5 (Partial payments).. Freehills Melbourne 004501949 page 66
Appears in 1 contract
Samples: Facility Agreement (Mayne Group LTD)
Payments to Lenders. If a Lender (a "Recovering LenderRECOVERING LENDER") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 (Payment mechanics) Clause 30 and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 (Payment mechanics)Clause 30, without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three Business Days of demand by the Agent, pay to the Agent an amount (the "Sharing PaymentSHARING PAYMENT") equal to such receipt or recovery less any amount which the Agent determines may be retained by the Recovering Lender as its share of any payment to be made, in accordance with clause 27.5 (Partial payments)Clause 30.5.
Appears in 1 contract
Payments to Lenders. If a Lender (a "Recovering Lender") receives or recovers any amount from the Borrower an Obligor other than in accordance with clause 27 Clause 30 (Payment mechanics) and applies that amount to a payment due under the Finance Documents then:
(Aa) the Recovering Lender shall, within three Business Days, notify details of the receipt or recovery, recovery to the Agent;
(Bb) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Lender would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with clause 27 Clause 30 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and
(Cc) the Recovering Lender shall, within three 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 Lender as its share of any payment to be made, in accordance with clause 27.5 Clause 30.5 (Partial payments).
Appears in 1 contract
Samples: Multicurrency Revolving Facilities Agreement (Sage Group PLC)