Potentially Avoided Payments. If the Collateral Agent determines that an amount paid to a Secured Creditor under any Credit Document is being avoided or otherwise set aside on the liquidation or administration of the person by whom such amount was paid, then for the purposes of this Assignment, such amount shall be regarded as not having been paid.
Appears in 10 contracts
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (NCL CORP Ltd.)
Potentially Avoided Payments. If the Collateral Agent determines Agents determine that an amount paid to a the Secured Creditor Creditors under any Credit Document is being avoided or otherwise set aside on the liquidation or administration of the person by whom such amount was paid, then for the purposes of this AssignmentDeed, such amount shall be regarded as not having been paid.
Appears in 6 contracts
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (NCL CORP Ltd.)
Potentially Avoided Payments. If the Collateral Agent reasonably determines that an amount paid to a Secured Creditor it under any Credit Finance Document is reasonably likely to be capable of being avoided or otherwise set aside on the liquidation or administration of the person by whom such amount was paid, then for the purposes of this AssignmentDeed, such amount shall be regarded as not having been paid.
Appears in 2 contracts
Samples: Guarantee and Indemnity (Lombard Medical, Inc.), Guarantee and Indemnity (Lombard Medical, Inc.)
Potentially Avoided Payments. If the Delegate Collateral Agent determines that an amount paid to a Secured Creditor under any Credit Document is being avoided or otherwise set aside on the liquidation or administration of the person by whom such amount was paid, then for the purposes of this AssignmentCharge, such amount shall be regarded as not having been paid.
Appears in 2 contracts
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)