Common use of Permitted assurance and receipts Clause in Contracts

Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Creditor to: (a) arrange with any person which is not a member of the Group any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub participation); or (b) make any assignment or transfer permitted by Clause 18 (Changes to the Parties), which: (i) is permitted by: (A) any Revolving Facility Agreement; or (B) each Senior Secured Indenture; and (ii) is not in breach of: (A) Clause 4.5 (No acquisition of Hedging Liabilities); (B) Clause 6.4 (Acquisition of Intra-Group Liabilities); or (C) Clause 7.4 (No acquisition of Subordinated Liabilities), and that Primary Creditor shall not be obliged to account to any other Party for any sum received by it as a result of that action.

Appears in 1 contract

Samples: Intercreditor Agreement (InterXion Holding N.V.)

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Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Creditor Creditor, Operating Facility Lender or Investor to: (a) arrange with any person which is not a member of the Group any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub participation); or (b) make any assignment or transfer permitted by Clause 18 Xxxxxx 19 (Changes to the Parties), which: (i) is permitted by: (A) not prohibited by any Revolving Facility Debt Financing Agreement; or (B) each Senior Secured Indenture; and (ii) is not in breach of: (A) Clause 4.5 (No acquisition of Hedging Liabilities); (B) Clause 6.4 (Acquisition of Intra-Group Liabilities); or (CB) Clause 7.4 (No acquisition of Subordinated Investor Liabilities), and that Primary Creditor Creditor, Operating Facility Lender or Investor shall not be obliged to account to any other Party for any sum received by it as a result of that action.

Appears in 1 contract

Samples: Commitment Letter

Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Creditor to: (a) arrange with any person which is not a member of the Group any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor an Obligor (including assurance by way of credit based derivative or sub sub-participation); or (b) make any assignment or transfer permitted by Clause 18 14 (Changes to the Parties), which: (i) is permitted by: (A) any Revolving the CTA and the Senior Facility AgreementAgreements; or (B) each Senior Secured Indenturethe CTA and the Junior Facility Agreements; and (ii) is not in breach of: (A) Clause 4.5 (No acquisition of Hedging Liabilities);; or (B) Clause 6.4 5.7 (Acquisition of Intra-Group Liabilities); or (C) Clause 7.4 (No acquisition of Subordinated LiabilitiesJunior Debt Purchase Transactions), and that Primary Creditor shall not be obliged to account to any other Party for any sum received by it as a result of that action.

Appears in 1 contract

Samples: Intercreditor Agreement (Kosmos Energy Ltd.)

Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Senior Creditor or Subordinated Creditor to: (a) arrange with any person which is not a member of the Group any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub sub-participation); or (b) make any assignment or transfer permitted by Clause 18 Xxxxxx 19 (Changes to the Parties), which: (i) is expressly permitted by: (A) any Revolving Facility by the Senior Facilities Agreement; or (B) each Senior Secured Indenture; and (ii) is not in breach of: (A) Clause 4.5 (No acquisition of Hedging Liabilities);; or (B) Clause 6.4 (Acquisition of Intra-Group Liabilities); or (C) Clause 7.4 (No acquisition of Subordinated Liabilities), and that Primary Senior Creditor or Subordinated Creditor shall not be obliged to account to any other Party for any sum received by it as a result of that action.

Appears in 1 contract

Samples: Intercreditor Agreement

Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Creditor Creditor, Operating Facility Lender or Investor to: (a) arrange with any person which is not a member of the Group any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub participation); or (b) make any assignment or transfer permitted by Clause 18 19 (Changes to the Parties), which: (i) is permitted by: (A) not prohibited by any Revolving Facility Debt Financing Agreement; or (B) each Senior Secured Indenture; and (ii) is not in breach of: (A) Clause 4.5 (No acquisition of Hedging Liabilities); (B) Clause 6.4 (Acquisition of Intra-Group Liabilities); or (CB) Clause 7.4 (No acquisition of Subordinated Investor Liabilities), and that Primary Creditor Creditor, Operating Facility Lender or Investor shall not be obliged to account to any other Party for any sum received by it as a result of that action.

Appears in 1 contract

Samples: Intercreditor Agreement

Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Creditor to: (a) arrange with any person which is not a member of the Group any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub sub-participation); or (b) make any assignment or transfer permitted by Clause 18 24 (Changes to the Parties), which: (i) is permitted by: (A) any Revolving Facility Agreement; or (B) each Senior Secured Indenturenot prohibited by the Debt Documents; and (ii) is not in breach of: (A) of Clause 4.5 5.5 (No acquisition of Hedging Liabilities); , Clause 7.7 (BSecond Lien Debt Purchase Transaction) or Clause 6.4 10.4 (No Acquisition of Intra-Group Liabilities); or (C) Clause 7.4 (No acquisition of Subordinated Shareholder Liabilities), and that Primary Creditor shall not be obliged to account to any other Party for any sum received by it as a result of that action.

Appears in 1 contract

Samples: Intercreditor Agreement

Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Creditor Creditor, Operating Facility Lender or Investor to: (a) arrange with any person which is not a member of the Group or Third Party Security Provider any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub participation); or (b) make any assignment or transfer permitted by Clause 18 19 (Changes to the Parties), which: (i) is permitted by: (A) not prohibited by any Revolving Facility Debt Financing Agreement; or (B) each Senior Secured Indenture; and (ii) is not in breach of: (A) Clause 4.5 (No acquisition of Hedging Liabilities); (B) Clause 6.4 (Acquisition of Intra-Group Liabilities); or (CB) Clause 7.4 (No acquisition of Subordinated Investor Liabilities), and that Primary Creditor Creditor, Operating Facility Lender or Investor shall not be obliged to account to any other Party for any sum received by it as a result of that action.. A44420063

Appears in 1 contract

Samples: Intercreditor Agreement (Paysafe LTD)

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Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Senior Creditor or Subordinated Creditor to: (a) arrange with any person which is not a member of the Group Debtor any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub participationsub-participation or similar financial instrument); or (b) make any assignment or transfer permitted by Clause Xxxxxx 18 (Changes to the Parties), whichwhich is: (i) is permitted by: (A) any Revolving Facility by the Senior Term Facilities Agreement; or (B) each Senior Secured Indenture; and (ii) is not in breach of: (A) of Clause 4.5 (No acquisition Acquisition of Hedging Liabilities); (B) or Clause 6.4 (Acquisition of Intra-Group Liabilities); or (C) Clause 7.4 5.4 (No acquisition of Subordinated Liabilities), and that Primary Senior Creditor or Subordinated Creditor shall not be obliged to account to any other Party for any sum received by it as a result of that action.

Appears in 1 contract

Samples: Intercreditor Agreement

Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Creditor to: (a) arrange with any person which is not a member of the Group any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub participation); or (b) make any assignment or transfer permitted by Clause 18 19 (Changes to the Parties), which: (i) is permitted by: (A) any Revolving Facility Agreement; or (B) each Senior Secured Notes Indenture; and (ii) is not in breach of: (A) Clause 4.5 (No acquisition of Hedging Liabilities); (B) Clause 6.4 7.4 (Acquisition of Intra-Group Liabilities); or (C) Clause 7.4 8.4 (No acquisition of Subordinated Liabilities), and that Primary Creditor shall not be obliged to account to any other Party for any sum received by it as a result of that action.

Appears in 1 contract

Samples: Intercreditor Agreement (InterXion Holding N.V.)

Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Senior Creditor or Subordinated Creditor to: (a) arrange with any person which is not a member of the Group any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub sub-participation); or (b) make any assignment or transfer permitted by Clause 18 Xxxxxx 19 (Changes to the Parties), which: (i) is permitted by: (A) any Revolving Facility by the Facilities Agreement; or (B) each Senior Secured Indenture; and (ii) is not in breach of: (A1) Clause 4.5 (No acquisition of Hedging Liabilities); (B) Clause 6.4 (Acquisition of Intra-Group Liabilities); or (C2) Clause 7.4 6.4 (No acquisition of Subordinated Liabilities), and that Primary Senior Creditor or Subordinated Creditor shall not be obliged to account to any other Party for any sum received by it as a result of that action.

Appears in 1 contract

Samples: Intercreditor Agreement

Permitted assurance and receipts. Nothing in this Agreement shall restrict the ability of any Primary Creditor Creditor, Operating Facility Lender or Investor to: (a) arrange with any person which is not a member of the Group or Third Party Security Provider any assurance against loss in respect of, or reduction of its credit exposure to, a Debtor (including assurance by way of credit based derivative or sub participation); or (b) make any assignment or transfer permitted by Clause 18 Xxxxxx 19 (Changes to the Parties), which: (i) is permitted by: (A) not prohibited by any Revolving Facility Debt Financing Agreement; or (B) each Senior Secured Indenture; and (ii) is not in breach of: (A) Clause 4.5 (No acquisition of Hedging Liabilities); (B) Clause 6.4 (Acquisition of Intra-Group Liabilities); or (CB) Clause 7.4 (No acquisition of Subordinated Investor Liabilities), and that Primary Creditor Creditor, Operating Facility Lender or Investor shall not be obliged to account to any other Party for any sum received by it as a result of that action.. A44420063

Appears in 1 contract

Samples: Intercreditor Agreement (Paysafe LTD)

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