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 16 contracts
Samples: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX 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 14 contracts
Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Notes Purchase Agreement (Membership Collective Group Inc.), Guarantee Facility Agreement (UTAC Holdings 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 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.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
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: Revolving Facility Agreement (Ferguson PLC), Facility Agreement, 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: Secured Loan Agreement (Performance Shipping Inc.), Term Facility Agreement (Rockley Photonics Holdings LTD), Support Letter (Rockley Photonics Holdings LTD)
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: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility 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: Term Loan Facility (Okeanis Eco Tankers Corp.), Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (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 7 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Loan Agreement (Navigator Holdings Ltd.), Facility Agreement (DryShips 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.
Appears in 7 contracts
Samples: Term Loan Facility (United Maritime Corp), Facility Agreement (Globus Maritime LTD), Facility Agreement (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: Facilities Agreement (New Frontier Public Holding Ltd.), Facilities Agreement (New Frontier Health Corp), Term Loan and Multicurrency Revolving Facilities 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: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
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: Revolving Facility Agreement (Sibanye Gold LTD), Revolving Credit Facility Agreement (Sibanye Stillwater LTD), China Eca Facility Framework Agreement (Seadrill Partners LLC)
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.), Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
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: Bond Bridge Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG), Squeeze Out Facility Agreement (Coca-Cola HBC AG)
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: Secured Loan Agreement (TORM PLC), Fourth Supplemental Agreement to Secured Loan Agreement (TORM PLC), Fourth Supplemental Agreement to Secured Loan Agreement (TORM PLC)
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 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 4 contracts
Samples: Bridge Facilities Agreement (Compagnie Maritime Belge NV), Bridge Facilities Agreement (Compagnie Maritime Belge NV), Facility Agreement (NORDIC AMERICAN TANKERS LTD)
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: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Loan Agreement (Iridium Communications Inc.)
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 3 contracts
Samples: Facility Agreement, Bridge Facility Agreement (Smurfit WestRock LTD), Amendment and Restatement Agreement (Ferguson PLC)
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.), Super Senior Revolving Facility Agreement (Orion Engineered Carbons S.a r.l.), Multicurrency Facility Agreement (Gulfmark Offshore Inc)
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.
Appears in 3 contracts
Samples: Facility Agreement (Cool Co Ltd.), Facility Agreement (Cool Co Ltd.), Facility Agreement (Globus Maritime 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.), Amending and Restating Agreement (Safe Bulkers, Inc.), Secured Loan Agreement (HC2 Holdings, 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: Facility 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 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: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG 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: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO), Facility Agreement (Randgold Resources 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: Bridge Facility Agreement (Himalaya Shipping Ltd.), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)
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: Facility Agreement (Navigator Holdings Ltd.), Loan Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Navigator Holdings Ltd.)
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), Multicurrency Revolving Facility 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 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: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC), Revolving Facilities Agreement (Manchester United 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.), Facilities Agreement (StarTek, Inc.)
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: Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Norwegian Cruise Line Holdings 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 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: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
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: Loan Agreement (Harry Winston Diamond Corp), Facility Agreement (Harry Winston Diamond Corp)
Recovering Finance Party’s rights. 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 2 contracts
Samples: Senior Facility Agreement (Lesaka 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 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.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Hafnia LTD), Amendment and Restatement Agreement (Hafnia 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: Revolving Credit Facility Agreement (Harmony Gold Mining Co LTD), Term and Revolving Credit Facilities Agreement (Harmony Gold Mining Co LTD)
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. 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: Syndication and Amendment Agreement (Igate Corp), Facilities Agreement (Igate Corp)
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: Securitisation Agreement (Encore Capital Group Inc), Securitization Agreement (Encore Capital Group Inc)
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: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)
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 2 contracts
Samples: Term Loan Facility Agreement (Castor Maritime Inc.), Term and Revolving Facilities Agreement (ShangPharma Corp)
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: Multicurrency Revolving Facility 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 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 (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers 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), Facility Agreement (Platinum Underwriters Holdings LTD)
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: Bpifae Facility Agreement (Globalstar, Inc.), Bpifae Facility Agreement (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: Loan Agreement (Dorian LPG Ltd.), Loan Agreement (Dorian LPG 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 Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)
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 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 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: Facility Agreement (Danaos Corp), Facility Agreement (Hoegh LNG Partners LP)
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, Facility Agreement
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: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
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: Secured Credit Facility Agreement, Secured Credit Facility Agreement (Seadrill Partners LLC)
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: Amendment and Restatement Agreement (Alliance Data Systems Corp), Senior Facilities Agreement (Alliance Data Systems Corp)
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: Senior Secured Term Loan Facility Agreement (Flex LNG Ltd.), Senior Secured Term Loan Facility Agreement (Flex LNG Ltd.)
Recovering Finance Party’s rights. 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.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Teekay LNG Partners L.P.)
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: Unsecured NGN Term Facility Agreement (IHS Holding LTD), Unsecured NGN Revolving Credit Facility Agreement (IHS Holding LTD)
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: Note Subscription Agreement (CorpAcq Group PLC), Note Subscription Agreement (CorpAcq Group PLC)
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 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: Amendment and Restatement Agreement (DHT Holdings, Inc.), Term Loan Facility Agreement (KNOT Offshore Partners LP)
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: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)
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 2 contracts
Samples: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, 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: Multicurrency Revolving Facility 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: Secured Term Loan Facility (DHT Holdings, Inc.), Loan Agreement (Safe Bulkers, Inc.)
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), Senior Secured Multicurrency Credit Facility Agreement (Carrizo Oil & Gas 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: Senior Term Facilities Agreement (CorpAcq Group PLC), Senior Term Facilities Agreement (CorpAcq Group PLC)
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 2 contracts
Samples: Syndicated Facility Agreement (Equinix Inc), Facility Agreement (Equinix Inc)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 Section 7.14 (Redistribution of paymentsPayments) 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: Credit Agreement (SEACOR Marine Holdings Inc.), Credit Agreement (SEACOR Marine Holdings 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, 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: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)
Recovering Finance Party’s rights. On a distribution by the 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 1 contract
Samples: Senior Term and Revolving Facilities Agreement (Inspired Entertainment, 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
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 such Relevant Obligor and the Recovering Finance Party, an amount of the such Recovered Amount equal to the such Sharing Payment will shall be treated as not having been paid by that Obligorsuch Relevant Obligor (and such Relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to such Sharing Payment, which debt is immediately due and payable).
Appears in 1 contract
Samples: Senior Facilities Agreement (OneSmart International Education Group 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 1 contract
Recovering Finance Party’s rights. 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 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 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: Facilities Agreement (Syngenta Ag)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 23.2 (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: Amendment and Restatement Agreement (Tower Group International, Ltd.)
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 the that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Agent under Clause Cxxxxx 29.2 (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 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: Super Senior Revolving Facility Agreement (Eagle Bulk Shipping Inc.)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 27.3 (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: Zar Revolving Credit Facility Agreement (Gold Fields LTD)
Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 36.2 (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
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 1 contract
Recovering Finance Party’s rights. On a distribution by the Interim Facility 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
Samples: Interim Facilities Agreement
Recovering Finance Party’s rights. On a distribution by the Facility 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 sum recovered equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 40810573_6
Appears in 1 contract
Samples: High Yield Bridge Facilities Agreement (Liberty Global PLC)
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 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: Secured Term Loan Facility (Mohegan Tribal Gaming Authority)
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 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: Addendum to First Preferred Marshall Islands Mortgage (Ocean Rig UDW 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 1 contract
Recovering Finance Party’s rights. On a distribution by the Senior Agent under Clause 29.2 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 1 contract
Samples: Senior Facility Agreement (Encore Capital Group Inc)
Recovering Finance Party’s rights. On a distribution by the Investment Agent under Clause 29.2 5.2 (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 shall be treated as not having been paid by that Obligor.
Appears in 1 contract
Recovering Finance Party’s rights. On a distribution by the Facilities 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 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: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.)
Recovering Finance Party’s rights. 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 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 to the Recovering Finance Party.
Appears in 1 contract
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 1 contract
Samples: Multicurrency Revolving Facility Agreement (H Lundbeck a S)
Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 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
Samples: Amendment and Restatement Agreement (Sunrise Senior Living Inc)
Recovering Finance Party’s rights. 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 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: Revolving Facility Agreement
Recovering Finance Party’s rights. 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 1 contract
Samples: 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 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
Samples: Term Loan Facility Agreement (KNOT Offshore Partners LP)
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 the Parent Guarantor, as between the relevant Obligor or the Parent Guarantor 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 the Parent Guarantor.
Appears in 1 contract
Samples: Senior Secured Bridge Facility Agreement (Ugi Corp /Pa/)
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
