Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution. (b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 6 contracts
Samples: Facilities Agreement (Sappi LTD), Amendment and Restatement Agreement (Misys PLC), Multicurrency Revolving Credit Facility Agreement (Misys PLC)
Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 27.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 5 contracts
Samples: Term Loan Facility Agreement (Sappi LTD), Amending Agreement (Sappi LTD), Facility Agreement (Sappi LTD)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 27.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Syndicated Revolving Credit Agreement (Ibasis Inc), Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 (Redistribution of payments), the Recovering Lender Finance Party will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender Finance Party is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender Finance Party for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Supplemental Agreement (Innospec Inc.), Multicurrency Revolving Facility Agreement (Innospec Inc.), Amendment and Restatement Agreement (Octel Corp)
Recovering Lender’s rights. (aA) On a distribution by the Agent under Clause 28.2 clause 26.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(bB) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (aA) above, the relevant Obligor Borrower shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 4 contracts
Samples: Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD)
Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 30.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 3 contracts
Samples: Facility Agreement (Sappi LTD), Senior Facilities Agreement (Messer Griesheim Holding Ag), Term and Revolving Facilities Agreement (Sodexho Alliance S A)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 26.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 3 contracts
Samples: Syndicated Credit Agreement, Credit Agreement (France Telecom /), Credit Agreement (France Telecom /)
Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 26.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facility Agreement (Chartered Semiconductor Manufacturing LTD), Facility Agreement (Chartered Semiconductor Manufacturing LTD)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Recovering Lender’s rights. (a) 29.3.1 On a distribution by the Agent under Clause 28.2 (Redistribution of payments)29.2, the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 29.3.2 If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Facilities Agreement (Inveresk Research Group Inc), Facilities Agreement (Inveresk Research Group LTD)
Recovering Lender’s rights. (a) 24.3.1 On a distribution by the Agent under Clause 28.2 clause 24.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 24.3.2 If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) clause 24.3.1 above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 2 contracts
Samples: Investor Loan Agreement (Aramex International LTD), Bridge Facility Agreement (Aramex International LTD)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 36.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facility and Subscription Agreement (BHP Billiton PLC)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 30.2 (Redistribution of paymentsPayments), the Recovering Lender will be subrogated to the rights of the Finance Parties which that have shared in the redistributionredistribution shall assign to the Recovering Lender their rights to the payments that were redistributed.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which that is immediately due and payable.
Appears in 1 contract
Samples: Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 27.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, ABB or the relevant Obligor (as the case may be) shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Lender’s rights. (a1) On a distribution by the Agent under Clause 28.2 27.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b2) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) aboveClause 27.3(1), the relevant Obligor Chargor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facility Agreement (Corporate Property Associates 16 Global Inc)
Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 32.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 25.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties Lenders which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facility Agreement (Sterlite Industries (India) LTD)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 37.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 (Redistribution of paymentsPayments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 (Redistribution of payments)22.2, the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Wassa Project Facility Agreement (Golden Star Resources LTD)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 30.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Credit Agreement (Reh Mergersub Inc)
Recovering Lender’s rights. (a) 29.3.1 On a distribution by the Agent under Clause 28.2 29.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 29.3.2 If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) 29.3.1 above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Term Loan and Standby Letter of Credit Facilities (PCCW LTD)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 35.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 29.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, ABB or the relevant Obligor (as the case may be) shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 27.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor Borrower shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Credit Agreement (France Telecom /)
Recovering Lender’s rights. (a) 1.1 On a distribution by the Agent under Clause 28.2 29.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) 1.2 If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Misys PLC)
Recovering Lender’s rights. (a) On a distribution by the Facility Agent under Clause 28.2 30.2 (Redistribution of paymentsPayments), the Recovering Lender will be subrogated to the rights of the Finance Parties which that have shared in the redistribution.redistribution shall assign to the Recovering Lender their rights to the payments that were redistributed. 116
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which that is immediately due and payable.
Appears in 1 contract
Samples: Term Facilities and Revolving Credit Agreement (SGL Carbon Aktiengesellschaft)
Recovering Lender’s rights. (a) On a distribution by the Agent under Clause 28.2 29.2 (Redistribution of payments), the Recovering Lender will be subrogated to the rights of the Finance Parties which have shared in the redistribution.
(b) If and to the extent that the Recovering Lender is not able to rely on its rights under paragraph (a) above, the relevant Obligor shall be liable to the Recovering Lender for a debt equal to the Sharing Payment which is immediately due and payable.
Appears in 1 contract
Samples: Multicurrency Revolving Facilities Agreement (Sage Group PLC)
