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

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)

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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

Samples: Revolving Credit Agreement (CGG Veritas)

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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

Samples: Facility Agreement (Legrand Holding Sa)

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)

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