RECOVERIES THROUGH LEGAL PROCEEDINGS. If any Bank intends to commence any action in any court it shall give prior notice to the Agent and the other Banks. If any Bank shall commence any action in any court to enforce its rights hereunder and, as a result thereof or in connection therewith, receives any amount, then such Bank shall not be required to share any portion of such amount with any Bank which has the legal right to, but does not, join in such action or commence and diligently prosecute a separate action to enforce its rights in another court.
RECOVERIES THROUGH LEGAL PROCEEDINGS. If any Bank shall commence any action or proceeding in any court to enforce its rights hereunder after consultation with the other Banks and, as a result thereof or in connection therewith, shall receive any excess amount (as defined in Clause 31.1 (Redistribution of Payments)), then such Bank shall not be required to share any portion of such excess amount with any Bank which has the legal right to, but does not, join in such action or proceeding or commence and diligently prosecute a separate action or proceeding to enforce its rights in another court.
RECOVERIES THROUGH LEGAL PROCEEDINGS. If any Bank shall commence any action or proceeding in any court to enforce its rights under this Agreement after consultation with the other Banks and, as a result of such action or proceedings or in connection with such action or proceedings, shall receive any excess amount (as defined in Clause 21.1 (Redistribution of Payments)), then such Bank shall not be required to share any portion of such excess amount with any Bank which has the legal right to, but does not, join in such action or proceeding or commence and diligently prosecute a separate action or proceeding to enforce its rights in another court.
RECOVERIES THROUGH LEGAL PROCEEDINGS. If any Lender intends to commence any action in any court it shall give prior notice to the Facility Agent and the other Lenders. If any Lender shall commence any action in any court to enforce its rights hereunder and, as a result thereof or in connection therewith, receives any amount, then such Lender shall not be required to share any portion of such amount with any Lender which has the legal right to, but does not, join in such action or commence and diligently prosecute a separate action to enforce its rights in another court.
RECOVERIES THROUGH LEGAL PROCEEDINGS. If any Bank intends to commence any action in any court or arbitral proceedings it shall give prior notice to the Agent, the Security Agent and the other Banks. If any Bank shall commence any action in any court or arbitral proceedings to enforce its rights hereunder and, as a result thereof or in connection therewith, receives any amount, then such Bank shall not be required to share any portion of such amount with any Bank which has the legal right to, but does not, join in such action or commence and diligently prosecute a separate action to enforce its rights in another court or arbitral proceedings.
RECOVERIES THROUGH LEGAL PROCEEDINGS. If any Lender intends to commence any action in any court or arbitral proceedings it shall give prior notice to the Agent, the Security Agent and the other Lenders. If any Lender shall commence any action in any court or arbitral proceedings to enforce its rights hereunder and, as a result thereof or in connection therewith, receives any amount, then such Lender shall not be required to share any portion of such amount with any Lender which has the legal right to, but does not, join in such action or commence and diligently prosecute a separate action to enforce its rights in another court or arbitral proceedings.
RECOVERIES THROUGH LEGAL PROCEEDINGS. If any Bank shall commence any action or proceeding in any court to enforce its rights hereunder after consultation with the other Banks and with the consent of an Instructing Group (such consent not to be unreasonably withheld) and, as a result thereof or in connection therewith, shall receive any excess amount (as defined in Clause 22.1 (REDISTRIBUTION OF PAYMENTS)), then such Bank shall not be required to share any portion of such excess amount with any Bank which has the legal right to, but does not, join in such action or proceeding or commence and diligently prosecute a separate action or proceeding to enforce its rights in another court.
RECOVERIES THROUGH LEGAL PROCEEDINGS. (a) If any Participating Bank shall commence any action or proceeding in any court to enforce its rights (if so permitted or contemplated) under any of the Facility Documents after consultation with the other Participating Banks and with the consent of an Instructing Group (such consent not to be unreasonably withheld) and, as a result thereof or in connection therewith, shall receive any Excess Sum (as defined in clause 23.3 (Redistribution on or after Default Date)), then such Participating Bank shall not be required to share any portion of such amount with any Participating Bank or other Secured Creditor which has the legal right to, but does not, join in such action or proceeding or commence and diligently prosecute a separate action or proceeding to enforce its rights in another court. -141-
(b) Any Participating Bank may (upon giving to the other Participating Banks no less than 10 (ten) Business Days' notice to such effect) commence any action or proceeding in any court to enforce its rights (if so permitted or contemplated) under any of the Facility Documents without consulting any other Participating Bank, but such Participating Bank shall be required to share any Excess Sum received with the other Participating Banks.
RECOVERIES THROUGH LEGAL PROCEEDINGS. If any Participant intends to commence any action in any court it shall give prior notice to the Facility Agent and the other Participants. If any Participant shall commence any action in any court to enforce its rights hereunder and, as a result thereof or in connection therewith, receives any amount, then such Participant shall not be required to share any portion of such amount with any Participant which has the legal right to, but does not, join in such action or commence and diligently prosecute a separate action to enforce its rights in another court.
RECOVERIES THROUGH LEGAL PROCEEDINGS. Notwithstanding the provisions of Clause 11.10 (Redistribution of Payments) no Excess Amount Lender shall be obliged to share any amount which it receives or recovers pursuant to legal proceedings taken by it to recover any sum owing to it hereunder or any Transaction Document with any other party which has a legal right to, but does not, join in such proceedings to enforce its rights in the same or another court (unless the proceedings instituted by the Excess Amount Lender are instituted by it without prior notice having been given to such party through the Facility Agent).
