Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution which Finance Parties agree that they will in that connection waive the benefit of Article 1252 of the French Code Civil. (b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 3 contracts
Samples: Multicurrency Revolving Facility Agreement (Tercica Inc), Facility Agreement (Sanofi Synthelabo Sa), Facility Agreement (Sanofi Synthelabo Sa)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution which Finance Parties agree that they will in that connection waive the benefit of Article 1252 of the French Code Civil.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 28.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution which Finance Parties agree that they will in that connection waive the benefit of Article 1252 of the French Code Civil.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 26.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution which Finance Parties agree that they will in that connection waive the benefit of Article 1252 of the French Code Civil.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities Agreement (Tenedor CORP)
Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 27.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution which Finance Parties agree that they will in that connection waive the benefit of Article 1252 of the French Code Civilcivil.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (General Geophysics Co)
Recovering Finance Party’s rights. (ai) On a distribution by the Facility Agent under Clause 27.2 Section 2.17(b) (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution which Finance Parties agree that they will in that connection waive the benefit of Article 1252 of the French Code Civil.
(bii) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (ai) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 27.2 29.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution which Finance Parties agree that they will in that connection waive the benefit of Article 1252 of the French Code Civil.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Finance Party’s rights. (a) On a distribution by the Administrative Agent under Clause 27.2 31.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution which Finance Parties agree that they will in that connection waive the benefit of Article article 1252 of the French Code Civilcivil.
(b) If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Letter of Credit Facility Agreement (Flowserve Corp)
Recovering Finance Party’s rights. (a) 39.3.1 On a distribution by the Agent under Clause 27.2 39.2 (Redistribution of payments), the Recovering Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution which Finance Parties agree that they will in that connection waive the benefit of Article 1252 of the French Code Civil.
(b) 39.3.2 If and to the extent that the Recovering Finance Party is not able to rely on its rights under paragraph (a) 39.3.1 above, the relevant Obligor shall be liable to the Recovering Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Credit Agreement (Axa Financial Inc)