Common use of Recovering Finance Party’s rights Clause in Contracts

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor 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 Obligor . (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) 27.3.1. On a distribution by the Facility Agent under Clause 30.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor PartyObligor, 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 Obligor Obligor. (b) 27.3.2. If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) Clause 27.3.1 above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) 27.3.1 On a distribution by the Facility Agent under Clause 30.2 (Redistribution of payments) 27.2 of a payment received by a Recovering Finance Party from an Obligor Partythat Obligor, 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 Obligor Obligor. (b) 27.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph Clause 27.3.1 (a) abovethat is, an amount equal to the Sharing Payment is treated as having been paid by the relevant Obligor), the relevant Obligor Party Obligors shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor 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 Obligor Party . (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility a Transaction Agent under Clause 30.2 4.2 (Redistribution of payments) of a payment received by a ), the Recovering Finance Party from an Obligor Party, as between will be subrogated to the relevant Obligor Party and the Recovering Finance Party, an amount rights of the Recovered Amount equal to applicable Transaction Finance Parties and/or the Sharing Payment will be treated as not having been paid by that Obligor Secured Parties which have shared in such distribution. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Relevant Obligor Party (if party hereto, or if the Relevant Obligor is not party hereto, the Borrower) shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor PartyObligor, 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 Obligor Obligor. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) 28.3.1 On a distribution by the Facility Agent under Clause 30.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor PartyObligor, 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 Obligor Obligor. (b) 28.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) Clause 28.3.1 above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 clause 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor PartyObligor, 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 Obligor Obligor. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) aboveclause 28.3(a), the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor Partythe Borrower, as between the relevant Obligor Party 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 Obligor the Borrower. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable, to the extent the Recovering Finance Party was entitled, as between the Borrower and the Recovering Finance Party, to be paid the Recovered Amount.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Intercreditor Agent under Clause 30.2 24.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor PartyObligor, 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 Obligor Obligor. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Administrative Agent under Clause 30.2 Section 33.1 (Redistribution of paymentsPayments to Finance Parties) of a payment received by a Recovering Finance Party from an Obligor PartyObligor, 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 Obligor Obligor. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) 28.3.1 On a distribution by the Facility Agent under Clause 30.2 (Redistribution of payments) 28.2 of a payment received by a Recovering Finance Party from an Obligor Partythat Obligor, 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 Obligor Obligor. (b) 28.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph Clause 28.3.1 (a) abovethat is, an amount equal to the Sharing Payment is treated as having been paid by the relevant Obligor), the relevant Obligor Party Obligors shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor PartyObligor, as between the relevant Obligor Party and and, the Recovering Finance Party, an amount of the Recovered Amount recovered amount equal to the Sharing Payment will be treated as not having been paid by that Obligor Obligor. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor Partythe Borrower, as between the relevant Obligor Party 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 Obligor the Borrower. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 31.2 (Redistribution of payments) of a payment received by a REDISTRIBUTION OF PAYMENTS), each Finance Party will assign to the Recovering Finance Party from an Obligor Party, as between the claims (or the proof thereof) to which the Sharing Payment is allocated and the relevant Obligor Party and shall be liable to the Recovering Finance Party, Party in an amount of the Recovered Amount equal to the that Sharing Payment will be treated as not having been paid by that Obligor Payment. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor PartyObligor, as between the relevant that Obligor Party and the Recovering Finance Party, an amount of the 80 = NUMPAGES 135-2 133 Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor Obligor. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party Obligors shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 27.2 (Redistribution of payments) of a payment received by a ), the Recovering Finance Party from an Obligor Party, as between will be subrogated to the relevant Obligor Party and the Recovering Finance Party, an amount rights of the Recovered Amount equal to applicable Finance Parties and/or the Sharing Payment will be treated as not having been paid by that Obligor Secured Parties which have shared in such distribution. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Relevant Obligor Party (if party hereto, or if the Relevant Obligor is not party hereto, the Borrower) shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 ‎26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor PartyObligor, 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 Obligor Obligor. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a‎(a) above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor Partya Transaction Obligor, as between the relevant Transaction 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 Obligor Transaction Obligor. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Transaction Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor PartyObligor, 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 Obligor Obligor. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 30.2 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor Partythe Borrower, as between the relevant Obligor Party 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 Obligor the Borrower. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Party Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.