Common use of Recovery of Net Investment Clause in Contracts

Recovery of Net Investment. In the event that the aggregate of the Assignment Amounts paid by the Bank Investors pursuant to this Section 2.13 on any Assignment Date occurring on or after the Lender Investment Termination Date is less than the Net Investment of the Lender on such Assignment Date, then to the extent of amounts received by the Agent in respect of the Net Investment in accordance with Section 4.1(d) of the CCA Agreement exceed the aggregate of the unrecovered Assignment Amounts and Net Investment funded by the Bank Investors, such excess shall be remitted by the Agent to the Lender rather than to such Bank Investors.

Appears in 1 contract

Samples: Funding Loan Agreement (Walter Industries Inc /New/)

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Recovery of Net Investment. In the event that the aggregate of the Assignment Amounts paid by the Bank Investors pursuant to this Section 2.13 2.14 on any Assignment Date occurring on or after the related Lender Investment Termination Date is less than the Net Investment of the a Lender on such Assignment Date, then to the extent of amounts received by the Agent in respect of the Net Investment in accordance with Section 4.1(d) of the CCA Agreement exceed the aggregate of the unrecovered Assignment Amounts and Net Investment funded by the Bank Investors, such excess shall be remitted by the related Managing Agent to the such Lender rather than to such Bank Investors.

Appears in 1 contract

Samples: Variable Funding Loan Agreement (Walter Industries Inc /New/)

Recovery of Net Investment. In the event that the aggregate of the Assignment Amounts paid by the Bank Investors pursuant to this Section 2.13 on any Assignment Date occurring on or after the Lender Investment Termination Date is less than the Net Investment of the Lender on such Assignment Date, then to the extent of amounts received by the Agent in respect of the Net Investment in accordance with Section 4.1(d) of the CCA CTA Agreement exceed the aggregate of the unrecovered Assignment Amounts and Net Investment funded by the Bank Investors, such excess shall be remitted by the Agent to the Lender rather than to such Bank Investors.

Appears in 1 contract

Samples: Funding Loan Agreement (Walter Industries Inc /New/)

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Recovery of Net Investment. In the event that the aggregate of the Assignment Amounts paid by the Bank Investors pursuant to this Section 2.13 2.14 on any Assignment Date occurring on or after the related Lender Investment Termination Date is less than the Net Investment of the a Lender on such Assignment Date, then to the extent of amounts received by the Agent in respect of the Net Investment in accordance with Section 4.1(d) of the CCA CTA Agreement exceed the aggregate of the unrecovered Assignment Amounts and Net Investment funded by the Bank Investors, such excess shall be remitted by the related Managing Agent to the such Lender rather than to such Bank Investors.

Appears in 1 contract

Samples: Variable Funding Loan Agreement (Walter Industries Inc /New/)

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