Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from the Company, as between the 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 the Company. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the Company shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 6 contracts
Samples: Third Amendment and Restatement Agreement (Alibaba Group Holding LTD), Facility Agreement, Facility Agreement (Alibaba Group Holding LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 25.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from the Companyan Obligor, as between the Company 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 Companythat 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 Company relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 3 contracts
Samples: Secured Facility Agreement (Amkor Technology, Inc.), Facility Agreement (Alibaba Group Holding LTD), Facilities Agreement (Alibaba Group Holding LTD)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 25.2 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from the Companyan Obligor, as between the Company 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 Companythat 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 Company relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 3 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD), Loan Agreement (PCGI Intermediate Holdings LTD)
Recovering Finance Party’s rights. (a) 27.3.1 On a distribution by the Agent under Clause 25.2 clause 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from the CompanyBorrower, as between the Company 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 the CompanyBorrower.
(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 Company Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Net 1 Ueps Technologies Inc)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 25.2 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from the CompanyBorrower, as between the Company 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 the CompanyBorrower.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the Company Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facilities Agreement (WEIBO Corp)
