Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 26 contracts
Samples: Credit Facility Agreement, Senior Facilities Agreement (Melco Crown Entertainment LTD), Facility Agreement (Midamerican Energy Holdings Co /New/)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 28.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 23 contracts
Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Amendment and Restatement Agreement (Discovery Communications, Inc.)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 14 contracts
Samples: Facility Agreement (Las Vegas Sands Corp), Senior Facility Agreement (International Game Technology PLC), Second Amendment and Restatement Agreement (Las Vegas Sands Corp)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 12 contracts
Samples: Senior Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Facility Agreement (Mobile Telesystems Ojsc), Facility Agreement (MTS Inc)
Recovering Finance Party’s rights. (a) 22.3.1 On a distribution by the Agent under Clause 27.2 (Redistribution of payments)22.2, the Recovering Finance Party will will, if possible under the relevant applicable laws, be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 22.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) aboveClause 22.3.1, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 10 contracts
Samples: Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 28.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 9 contracts
Samples: Loan Agreement (Intercontinental Hotels Group PLC /New/), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC), Multicurrency Term and Revolving Facilities Agreement (Xstrata PLC)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 31.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (litra a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 7 contracts
Samples: Senior Secured Credit Facility Agreement, Senior Secured Credit Facility Agreement, Senior Secured Credit Facility Agreement
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 7 contracts
Samples: Facilities Agreement (3SBio Inc.), Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.,
Appears in 7 contracts
Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 30.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 7 contracts
Samples: Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Crown Entertainment LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 30.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 6 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Super Senior Facilities Agreement (Liberty Global PLC), Senior Facilities Agreement (Liberty Global PLC)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 31.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 6 contracts
Samples: Senior Secured Credit Facilities Agreement, Senior Secured Credit Facilities Agreement (KNOT Offshore Partners LP), Facility Agreement (Whirlpool Corp /De/)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 25.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 5 contracts
Samples: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc), Facility Agreement (Aluminum Corp of China), Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will shall be subrogated entitled to receive by way of assignment the rights of the Finance Parties which to the extent they have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 5 contracts
Samples: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 32.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 5 contracts
Samples: Credit Agreement (Eagle Bulk Shipping Inc.), Facility Agreement (Rockwood Specialties Group Inc), Facility Agreement (Rockwood Specialties Group Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 34.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Recovering Finance Party’s rights. (a) 34.3.1 On a distribution by the an Agent under Clause 27.2 34.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 34.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) sub-clause 34.3.1 above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Facility Agreement (Shire Ltd.), Syndication and Amendment Agreement (Shire PLC), Facilities Agreement (Shuttle Corp)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 sub-clause 8.3.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Amendment Agreement (Arch Capital Group Ltd.)
Recovering Finance Party’s rights. (a) 29.3.1 On a distribution by the Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 29.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) aboveClause 29.3.1, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Term Loan and Revolving Credit Facilities Agreement (Seadrill Partners LLC), Facility Agreement (Bunge LTD), Loan Agreement (Western Wireless Corp)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Facility Agreement (Bunge LTD), Facility Agreement (Bunge LTD), Facility Agreement (Bunge LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 35.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the Parent or the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments)27.2, the Recovering Finance Creditor Party will will, if possible under the relevant applicable laws, be subrogated to the rights of the Finance Creditor Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Creditor Party is not able to rely on its rights under paragraph (a) aboveClause 27.3(a), the relevant Obligor shall be liable to the Recovering Finance Creditor Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Norwegian Cruise Line Holdings Ltd.), Amendment and Restatement Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Prestige Cruises International, Inc.)
Recovering Finance Party’s rights. (a) 28.3.1 On a distribution by the Agent under Clause 27.2 28.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 28.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) Clause 28.3.1 above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 3 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Administrative Agent under Clause 27.2 31.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 3 contracts
Samples: Financing Agreement, Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 31.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 3 contracts
Samples: Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA), Senior Facilities Agreement (Nordic Telephone CO ApS)
Recovering Finance Party’s rights. (a) 30.3.1 On a distribution by the Agent under Clause 27.2 30.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 30.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) sub-clause 30.3.1 above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 26.2 (Redistribution of paymentsPayments), the Finance Parties that have shared in the redistribution shall assign to the Recovering Finance Party will be subrogated their rights to the rights of the Finance Parties which have shared in the redistributionpayments that were redistributed.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which that is immediately due and payable.
Appears in 3 contracts
Samples: Term Loan Facility Agreement (Advanced Micro Devices Inc), Term Loan Facility Agreement (Advanced Micro Devices Inc), Term Loan Facility Agreement (Advanced Micro Devices Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Security Agent under Clause 27.2 15.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (litra a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Common Terms Agreement (Seadrill Partners LLC), Common Terms Agreement (Seadrill Partners LLC)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 28.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.. Back to Contents
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Multicurrency Revolving Facility Agreement (Wolseley PLC), Multicurrency Revolving Facility Agreement (Wolseley PLC)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 28.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Senior Secured Credit Facility Agreement (North Atlantic Drilling Ltd.), Facilities Agreement (Bunge LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (DHT Holdings, Inc.)
Recovering Finance Party’s rights. (a) 29.3.1 On a distribution by the Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 29.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) Clause 29.3.1 above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Revolving Credit Facility Agreement (Enstar Group LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 24.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Company shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facility Agreement (Nordic Telephone CO ApS), Facility Agreement (Nordic Telephone CO ApS)
Recovering Finance Party’s rights. (a) 29.3.1 On a distribution by the Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will shall be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 29.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) 29.3.1 above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facilities Agreement (Central European Distribution Corp), Facility Agreement (Central European Distribution Corp)
Recovering Finance Party’s rights. (a) On a The Finance Parties shall assign to the Recovering Finance Party their rights against the Obligors to the extent such Finance Parties have shared in the distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Term Loan Facilities Agreement, Term Loan Facilities Agreement (Linde AG)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 23.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.), Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 30.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Revolving Facility Agreement (Bunge Global SA), Facility Agreement (Bungeltd)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Company shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facility Agreement (Eksportfinans Asa), Facility Agreement (Eksportfinans Asa)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facility Agreement (Centerpulse LTD), Facility Agreement (Solutia Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 clause 22.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (asub-clause 22.3(a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payablepayable and shall not be liable to the Finance Parties (other than the Recovering Finance Party) in respect of any part of a Sharing Payment received by them.
Appears in 2 contracts
Samples: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
Recovering Finance Party’s rights. (a) On a distribution by the PIK Facility Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Company shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS)
Recovering Finance Party’s rights. (a) On a distribution by the Administrative Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor each Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Amendment Agreement (Ship Finance International LTD), Term Loan Facility Agreement (Ship Finance International LTD)
Recovering Finance Party’s rights. (a) 27.3.1 On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 27.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) Clause 27.3.1 above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Credit Agreement (Corporate Property Associates 16 Global Inc), Credit Agreement (Corporate Property Associates 16 Global Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 23.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Company shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment upon such date that the underlying amount which is immediately resulted in the Sharing Payment arising became due and payablepayable or otherwise capable of receipt or recovery.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Toys R Us Inc), Uk Propco Facility Agreement (Toys R Us Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 26.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facility Agreement (Tiffany & Co), Loan Agreement (Tiffany & Co)
Recovering Finance Party’s rights. (ai) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(bii) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facility Agreement (Sterlite Industries (India) LTD), Facility Agreement (Sterlite Industries (India) LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 39.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 30.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.. 106 Project Asgard (2020 A&R) – Amended and Restated Facilities Agreement
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 clause 39.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (aclause 39.3(a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc)
Recovering Finance Party’s rights. (a) 29.3.1. On a distribution by the Facility Agent under Clause 27.2 29.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 29.3.2. If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) aboveClause 29.3.1, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Term Loan Facility Agreement, Term Loan Facility Agreement (Sibanye Gold LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 33.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Multicurrency Facilities Agreement (Pernod Ricard S a /Fi), Facility Agreement (Las Vegas Sands Corp)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 32.2 (Redistribution of payments), the Recovering Finance Party will shall be subrogated entitled to receive by way of assignment the rights of the Finance Parties which to the extent they have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)
Recovering Finance Party’s rights. (a) 29.3.1 On a distribution by the Agent under Clause 27.2 clause 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 29.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) aboveclause 29.3.1, the Borrower shall procure that the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (International Shipping Enterprises, Inc.)
Recovering Finance Party’s rights. (a) On a distribution by the COFACE Agent under Clause 27.2 30.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Coface Facility Agreement (Globalstar, Inc.), Facility Agreement (Globalstar, Inc.)
Recovering Finance Party’s rights. (a) 35.3.1 On a distribution by the an Agent under Clause 27.2 35.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 35.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) sub-clause 33.3.1 above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facilities Agreement (Shire Pharmaceuticals Group PLC)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 38.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Senior Facilities Agreement (Melco Crown Entertainment LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent and Security Trustee under Clause 27.2 11.3.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.. DAVE & GIRISH & CO. 40
(b) If and to Xf axx xx the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Rupee Term Facility Agreement (Sterlite Industries (India) LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph sub-clause (a) above, the relevant Borrower/ other Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 30.2 (Redistribution of payments), the Recovering Finance Party will shall be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facilities Agreement (Corporate Property Associates 17 - Global INC)
Recovering Finance Party’s rights. (aA) On a distribution by the Agent under Clause 27.2 30.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(bB) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (aA) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 clause 31.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (aclause 37.3(a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor each Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Senior Secured Post Delivery Term Loan Facility Agreement (Knightsbridge Shipping LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 32.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: £200,000,000 Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Administrative Agent under Clause 27.2 25.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Company shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (litra a) above, the relevant Obligor Borrowers shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (litra a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Term Loan Agreement (Helix Energy Solutions Group Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Administrative Agent under Clause 27.2 25.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Term Facility Agreement (Cadence Design Systems Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 clause 30.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (aclause 30.3(a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Enstar Group LTD)
Recovering Finance Party’s rights. (a) 26.3.1 On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 26.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) sub-clause 26.3.1 above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (Cellcom Israel Ltd.)
Recovering Finance Party’s rights. (a) On a The Finance Parties shall assign to the Recovering Finance Party their rights against the Obligors to the extent such Finance Parties have shared in the distribution by the Agent or Relevant Swingline Agent (as applicable) under Clause 27.2 33.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a(a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facility Agreement (Linde PLC)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 (Redistribution of payments), of a payment received by a Recovering Finance Party, the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26 2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Nordic American Tanker Shipping LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 30.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (litra a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Senior Secured Credit Facility Agreement (Ocean Rig UDW Inc.)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Revolving Facility Agreement (Alpha Beta Netherlands Holding N.V.)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 30.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties and Hedge Counterparties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Administrative Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 23.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistributionredistribution in respect of the Sharing Payments.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to owe the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payablepayable and of the type originally discharged.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Senior Finance Parties which have shared in the redistributionredistribution in respect of the Sharing Payments.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to owe the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payablepayable and of the type originally discharged.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.. Table of Contents
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 29.2 (Redistribution of payments), ) the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the that redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to will owe the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent and Security Trustee under Clause 27.2 11.3.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Rupee Term Facility Agreement (Sterlite Industries (India) LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 31 (Redistribution of paymentsSharing among the Financial Parties), each Finance Party which has shared in the redistribution shall assign to the Recovering Finance Party will be subrogated an amount equal to the rights its share of the Finance Parties which have shared in the redistributionSharing Payment.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Senior Facilities Agreement (Sirona Dental Systems, Inc.)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment upon such date that the underlying amount which is immediately resulted in the Sharing Payment arising became due and payablepayable or otherwise capable of receipt or recovery.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) 16.4.1 On a distribution by the Agent under Clause 27.2 (Redistribution of payments)clause 16.3, the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 16.4.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) clause 16.4.1 above, the relevant Obligor TCN Entity shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Loan Agreement (Telewest Global Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Administrative Agent under Clause 27.2 29.2 (Redistribution of paymentsPayments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution distributi on by the Agent under Clause 27.2 28.2 (Redistribution of paymentspayments ), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facility Agreement (Intercontinental Hotels Group PLC /New/)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) aboveClause 29.3(a), the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facility Agreement (Gold Fields LTD)
Recovering Finance Party’s rights. (a) 28.3.1 On a distribution by the relevant Agent under Clause 27.2 clause 28.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 28.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) clause 28.3.1 above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facilities Agreement (Hungarian Telephone & Cable Corp)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 32.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facility Agreement (Yell Finance Bv)
Recovering Finance Party’s rights. (a) 103. On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will shall be subrogated entitled to receive by way of assignment the rights of the Finance Parties which to the extent they have shared in the redistribution.
(b) . 104. If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 clause 28.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph sub-clause (a) above, the relevant Borrower/ other Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 24.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facilities Agreement (Exide Corp)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above), the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
