Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 15 contracts
Samples: Facility Agreement (StoneX Group Inc.), Agreement (KNOT Offshore Partners LP), StoneX Group Inc.
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 12 contracts
Samples: Facility Agreement (Bristow Group Inc.), Assignment Agreement (Bristow Group Inc.), Assignment Agreement (Bristow Group Inc.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 12 contracts
Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Notes Purchase Agreement (Membership Collective Group Inc.), Facility Agreement (UTAC Holdings Ltd.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 12 contracts
Samples: Agreement (Ferguson PLC), www.workspace.co.uk, Credit Facilities Agreement (Gold Fields LTD)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 10 contracts
Samples: Agreement (Rockley Photonics Holdings LTD), Agreement (Rockley Photonics Holdings LTD), Performance Shipping Inc.
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 9 contracts
Samples: Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.
Appears in 7 contracts
Samples: Facility Agreement (Okeanis Eco Tankers Corp.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 36.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 6 contracts
Samples: Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Quintana Shipping Ltd.)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 29.2 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Company, as between the relevant Obligor Company and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Company.
Appears in 6 contracts
Samples: And Restatement Agreement (Alibaba Group Holding LTD), Amendment and Restatement Agreement, Agreement (Alibaba Group Holding LTD)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 34.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.
Appears in 6 contracts
Samples: Facility Agreement (United Maritime Corp), Facility Agreement (Globus Maritime LTD), Banks and Financial Institutions (Okeanis Eco Tankers Corp.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 6 contracts
Samples: Agreement (New Frontier Public Holding Ltd.), Intercreditor Agreement (New Frontier Health Corp), Agreement (AVG Technologies N.V.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) clause 33.2 of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 5 contracts
Samples: Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Luxfer Holdings PLC)
Recovering Finance Party’s rights. On a distribution by the COFACE Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 4 contracts
Samples: Coface Facility Agreement (Iridium Communications Inc.), Agreement (Iridium Communications Inc.), Confidential Treatment (Iridium Communications Inc.)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 28.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 4 contracts
Samples: Facility Agreement (Coca-Cola HBC AG), Bridge Facility Agreement (Coca-Cola HBC AG), Bridge Facility Agreement (Coca-Cola HBC AG)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of paymentsPayments) of a payment received by a the Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 4 contracts
Samples: Facility Agreement (OI S.A. - In Judicial Reorganization), Facility Agreement, Facility Agreement
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Security Party, as between the relevant Obligor Security Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorSecurity Party.
Appears in 4 contracts
Samples: Fifth Supplemental Agreement (TORM PLC), Fourth Supplemental Agreement (TORM PLC), Fourth Supplemental Agreement (TORM PLC)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.
Appears in 4 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Revolving Credit Facility Agreement (Sibanye Stillwater LTD), Framework Agreement (Seadrill Partners LLC)
Recovering Finance Party’s rights. 28.3.1 On a distribution by the Facility Agent under Clause 29.2 (Redistribution of payments) 28.2 of a payment received by a Recovering Finance Party from an that Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Common Terms Agreement (Lesaka Technologies Inc), Restatement Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 36.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Manchester United PLC), Intercreditor Agreement (Manchester United PLC), Facilities Agreement (Manchester United Ltd.)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Amkor Technology, Inc., Facilities Agreement (Alibaba Group Holding LTD), Alibaba Group Holding LTD
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.
Appears in 3 contracts
Samples: Facility Agreement (Mechel OAO), Agreement (Mechel OAO), Facility Agreement (Randgold Resources LTD)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Cxxxxx 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.
Appears in 3 contracts
Samples: Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.
Appears in 3 contracts
Samples: Agreement (Himalaya Shipping Ltd.), Facilities Agreement (Rentokil Initial PLC /Fi), Facilities Agreement (Rentokil Initial PLC /Fi)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 35.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Humber Shipco LLC (Ardmore Shipping Corp), Assignment Agreement (Dorian LPG Ltd.), Assignment Agreement (Dorian LPG Ltd.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Security Party, as between the relevant Obligor Security Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorSecurity Party.
Appears in 3 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.), Facility Agreement (HC2 Holdings, Inc.)
Recovering Finance Party’s rights. 27.3.1 On a distribution by the Facility Agent under Clause 29.2 (Redistribution of payments) 27.2 of a payment received by a Recovering Finance Party from an that Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Assignment Agreement (Euroseas Ltd.), Borrowing Base Facility Agreement (Transglobe Energy Corp), Borrowing Base Facility Agreement (Transglobe Energy Corp)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Senior Facilities Agreement (OpSec Holdings), Agreement (Endava PLC), Facility Agreement (Navios Maritime Partners L.P.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 34.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Fintrax US Acquisition Subsidiary, Inc.), Facility Agreement (Orion Engineered Carbons S.a r.l.), Facility Agreement (Gulfmark Offshore Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an ObligorObligor Party, as between the relevant Obligor Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor .
Appears in 3 contracts
Samples: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 39.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 37.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 3 contracts
Samples: Navigator Holdings Ltd., Facility Agreement (Navigator Holdings Ltd.), Navigator Holdings Ltd.
Recovering Finance Party’s rights. On a distribution by the Senior Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Encore Capital Group Inc), Assignment Agreement (Encore Capital Group Inc)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.
Appears in 2 contracts
Samples: Assignment Agreement (United Maritime Corp), Assignment Agreement (Seanergy Maritime Holdings Corp.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an ObligorObligor or BHL, as between the relevant Obligor or BHL and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor or BHL.
Appears in 2 contracts
Samples: Search and Rescue (Bristow Group Inc.), Agreement (Bristow Group Inc.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.
Appears in 2 contracts
Samples: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Security Party, as between the relevant Obligor Security Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorSecurity Party.
Appears in 2 contracts
Samples: Amending and Restating Agreement (DHT Holdings, Inc.), Loan Agreement (Safe Bulkers, Inc.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Agreement (KNOT Offshore Partners LP)
Recovering Finance Party’s rights. 30.3.1 On a distribution by the Facility Agent under Clause 29.2 (Redistribution of payments) 30.2 above of a payment received by a Recovering Finance Party from an that Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Loan Party, as between the relevant Obligor Loan Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorLoan Party.
Appears in 2 contracts
Samples: Facilities Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 23.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.
Appears in 2 contracts
Samples: Facility Agreement, ire.finanzas.gob.ec
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Agreement (Alliance Data Systems Corp), Agreement (Alliance Data Systems Corp)
Recovering Finance Party’s rights. On a distribution by the BPIAE Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Markit Ltd.), Facility Agreement (VTTI Energy Partners LP)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 35.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 161
Appears in 2 contracts
Recovering Finance Party’s rights. On a distribution by the COFACE Agent under Clause 29.2 30.2 (Redistribution of payments) Payments), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 38.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Agreement (Danaos Corp), Facility Agreement (Hoegh LNG Partners LP)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Obligors, as between the relevant Obligor Obligors and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Obligors.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an ObligorObligor Party, as between the relevant Obligor Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor Party .
Appears in 2 contracts
Samples: Agreement (GDS Holdings LTD), Agreement (GDS Holdings LTD)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Common Terms Agreement (Harmony Gold Mining Co LTD), Agreement (Carrizo Oil & Gas Inc)
Recovering Finance Party’s rights. On a distribution by (or instructed by) the Agent under Clause 29.2 34.2 (Redistribution of payments) of a payment received or recovered by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Consent and Agreement (Harry Winston Diamond Corp), Consent and Agreement (Harry Winston Diamond Corp)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 123
Appears in 2 contracts
Samples: South Texas Supply Company, Inc., South Texas Supply Company, Inc.
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 29.2 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Assignment Agreement (Wanda Sports Group Co LTD), Assignment Agreement (Wanda Sports Group Co LTD)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 30.2 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Assignment Agreement (Smurfit WestRock LTD), Amendment and Restatement Agreement (Ferguson PLC)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: www.lw.com, Seadrill Partners LLC
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Agreement (Hamilton Insurance Group, Ltd.), Assignment Agreement (Hamilton Insurance Group, Ltd.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Northstar Realty Finance Corp.), Facility Agreement (NorthStar Healthcare Income, Inc.)
Recovering Finance Party’s rights. 33.3 On a distribution by the Agent under Clause 29.2 clause 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. Reversal of redistribution
Appears in 2 contracts
Samples: Agreement (Hafnia LTD), Agreement (Hafnia LTD)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Platinum Underwriters Holdings LTD), Assignment Agreement (Platinum Underwriters Holdings LTD)
Recovering Finance Party’s rights. 27.3.1. On a distribution by the Facility Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Sibanye Gold LTD
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 3.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Avolon Holdings LTD), Facility Agreement (Avolon Holdings LTD)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Harmony Gold Mining Co LTD, Harmony Gold Mining Co LTD
Recovering Finance Party’s rights. 25.3 On a distribution by the Agent under Clause 29.2 clause 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. Reversal of redistribution
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Teekay LNG Partners L.P.)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant that Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Agreement (Flex LNG Ltd.), Agreement (Flex LNG Ltd.)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 31.2 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant such Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that such Obligor.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (McDermott International Inc)
Recovering Finance Party’s rights. On a distribution by (or instructed by) the Agent under Clause 29.2 32.3 (Redistribution of payments) of a payment received or recovered by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC)
Recovering Finance Party’s rights. On a distribution by the BPIFAE Agent under Clause 29.2 30.2 (Redistribution of payments) Payments), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Samples: Operation and Maintenance Agreement (Globalstar, Inc.), Globalstar, Inc.
Recovering Finance Party’s rights. On a distribution by the Administrative Agent under Clause 29.2 35.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor to the Recovering Finance Party but shall be treated as paid by that Obligor to the Administrative Agent.
Appears in 2 contracts
Samples: Agreement (Dorian LPG Ltd.), Agreement (Dorian LPG Ltd.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.
Appears in 2 contracts
Samples: Assignment Agreement (NORDIC AMERICAN TANKERS LTD), Facility Agreement (American Realty Capital Global Trust II, Inc.)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 34.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.. 146
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor v and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) Payments), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant that Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 26.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 clause 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Samples: Restatement Agreement (Hanover Insurance Group, Inc.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an ObligorParty, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Samples: Assignment Agreement (Fx Energy Inc)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Samples: Facility Agreement (Equinix Inc)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 30.4
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorBorrower.
Appears in 1 contract
Samples: Facilities Agreement
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 104
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Intercreditor Agent under Clause 29.2 24.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Samples: Terms Agreement (Sunpower Corp)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 31.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Company , as between the relevant Obligor Company and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Company.
Appears in 1 contract
Samples: Eagle Bulk Shipping Inc.
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 36.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorBorrower. In such a case, the Recovering Finance Party shall immediately notify the Obligors’ Agent of the circumstances and the amount of the Sharing Payment.
Appears in 1 contract
Samples: Credit Facilities Agreement (Wanda Sports Group Co LTD)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 31.2 (Redistribution of payments) Payments), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount sum recovered equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Samples: Acquisition Facilities Agreement (Liberty Global PLC)
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.
Appears in 1 contract
Samples: Senior Facilities Agreement (Net 1 Ueps Technologies Inc)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 clause 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Samples: Agreement (SunOpta Inc.)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Samples: Agreement (Teekay Tankers Ltd.)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 Cxxxxx 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 105
Appears in 1 contract
Samples: Agreement (Teekay Tankers Ltd.)
