Recapture of Payments. If the Agent is required at any time to return to an Obligor or to a trustee, receiver, liquidator, custodian or other similar official any portion of the payments made by such Obligor to the Agent as a result of a bankruptcy with respect to such Obligor, any guarantor or any other person or entity or otherwise, then each Lender shall, on demand of the Agent, forthwith return to the Agent its Pro Rata Share of any such payments made to such Lender by the Agent, together with its Pro Rata Share of interest or penalties, if any, payable by the Lenders. This provision shall survive the termination of this Financing Agreement.
Appears in 2 contracts
Samples: Financing Agreement (Arcon Coating Mills Inc), Financing Agreement (Fibermark Inc)
Recapture of Payments. If the Agent is required at any time to return to an any Obligor or to a trustee, receiver, liquidator, custodian or other similar official any portion of the payments made by such Obligor to the Agent as a result of a bankruptcy with respect to such Obligor, any guarantor or any other person or entity or otherwise, then each Lender shall, on demand of the Agent, forthwith return to the Agent its Pro Rata Share of any such payments made to such Lender by the Agent, together with its Pro Rata Share of interest or penalties, if any, payable by the Lenders. This provision shall survive the termination of this Financing Agreement.
Appears in 2 contracts
Samples: Financing Agreement (Fibermark Inc), Financing Agreement (Fibermark Inc)