Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) of the amounts required to be returned.
Appears in 6 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Recovery of Payments. If any the Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such the Agent from any Loan Party an Obligor and such related payment is not received, then such the Agent may recover such amount from each Secured Party that received it. If any the Agent determines at any time that an amount received under any Loan Document must be returned to any Loan Party an Obligor or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such the Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any the Agent to any Secured Obligations are later required to be returned by such the Agent pursuant to Applicable Law, each Lender shall pay to such the Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 4 contracts
Samples: Credit Agreement (Milacron Holdings Corp.), Credit Agreement (Milacron Holdings Corp.), Credit Agreement (Milacron Holdings Corp.)
Recovery of Payments. If any the Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such the Agent from any a Loan Party and such related payment is not received, then such the Agent may recover such amount from each Secured Party that received it. If any the Agent determines at any time that an amount received under any Loan Document must be returned to any a Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such the Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any the Agent to any Secured Obligations are later required to be returned by such the Agent pursuant to Applicable Law, each Lender shall pay to such the Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 3 contracts
Samples: Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.), Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.), Loan, Security and Guarantee Agreement (Edgen Group Inc.)
Recovery of Payments. If any the Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such the Agent from any a Loan Party and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any the Agent determines at any time that an amount received under any Loan Document must be returned to any a Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such the Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any the Agent to any Secured Obligations are later required to be returned by such the Agent pursuant to Applicable Law, each Lender shall pay to such the Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 3 contracts
Samples: Intercreditor Agreement (MRC Global Inc.), Loan, Security and Guarantee Agreement (MRC Global Inc.), Loan, Security and Guarantee Agreement (South Texas Supply Company, Inc.)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party an Obligor and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any Loan Party an Obligor or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender Secured Party shall pay to such Agent, on demand, such LenderSecured Party’s pro rata share (in accordance with its Pro Rata Percentage, where applicable) of the amounts required to be returned.
Appears in 3 contracts
Samples: Loan and Security Agreement (Conns Inc), Loan and Security Agreement (Conns Inc), Loan and Security Agreement (Conns Inc)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any a Loan Party and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any a Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 2 contracts
Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Corp)
Recovery of Payments. If any Agent pays any an amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party a Borrower and such related payment is not received, then such Agent may recover such amount from each the Secured Party that received itParty. If any Agent determines at any time that an amount received under any Loan Document by it must be returned to any Loan Party or paid to any a Borrower or other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any LenderSecured Party. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 2 contracts
Samples: Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party an Obligor and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any Loan Party an Obligor or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its 's Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 2 contracts
Samples: Loan and Security Agreement (Seneca Foods Corp), Loan and Security Agreement (Frozen Food Express Industries Inc)
Recovery of Payments. If any the Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such the Agent from any a Loan Party and such related payment is not received, then such the Agent may recover such amount from each Secured Party that received it. If any the Agent determines at any time that an amount received under any Loan Document must be returned to any a Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such the Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any the Agent to any Secured Obligations are later required to be returned by such the Agent pursuant to Applicable Law, each Lender shall pay to such the Agent, on demand, such LenderLxxxxx’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 2 contracts
Samples: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.)
Recovery of Payments. If any the Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such the Agent from any Loan a Credit Party and such related payment is not received, then such the Agent may recover such amount from each Secured Party that received it. If any the Agent determines at any time that an amount received under any Loan Document must be returned to any Loan an Credit Party or paid to any other Person pursuant to Applicable Requirements of Law or otherwise, then, notwithstanding any other term of any Loan Document, such the Agent shall not be required to distribute such amount to any LenderSecured Party. If any amounts received and applied by any the Agent to any Secured Obligations are later required to be returned by such the Agent pursuant to Applicable Requirements of Law, each Lender shall pay to such the Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) Share of the amounts required to be returned.
Appears in 2 contracts
Samples: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party an Obligor and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any Loan Party an Obligor or paid to any other Person pursuant to Applicable Requirements of Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Requirements of Law, each Lender shall pay to such Agent, on demand, such LenderXxxxxx’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 2 contracts
Samples: Loan and Security Agreement (Topgolf Callaway Brands Corp.), Loan and Security Agreement (Topgolf Callaway Brands Corp.)
Recovery of Payments. If any the Agent pays any an amount to a Secured Party in the expectation that a related payment will be received by such the Agent from any a Loan Party and such related payment is not received, then such the Agent may recover such amount from each such Secured Party that received itParty. If any the Agent determines at any time that an amount received under any Loan Document by it must be returned or paid to any a Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such the Agent shall not be required to distribute such amount to any LenderSecured Party. If any amounts received and applied by any the Agent to any Secured Obligations are later required to be returned by such the Agent pursuant to Applicable Law, each Lender shall pay to such the Agent, on demand, such LenderXxxxxx’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.. 12.12
Appears in 1 contract
Samples: Credit Agreement (Clean Harbors Inc)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party an Obligor and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent 100 determines at any time that an amount received under any Loan Document must be returned to any Loan Party an Obligor or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Samples: Loan and Security Agreement (Ak Steel Holding Corp)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party an Obligor and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any Loan Party an Obligor or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such LenderLxxxxx’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party Borrower and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Transaction Document must be returned to any Loan Party Borrower or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Transaction Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Recovery of Payments. If any Agent pays any an amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party a Borrower and such related payment is not received, then such Agent may recover such amount from each the Secured Party that received itParty. If any Agent determines at any time that an amount received under any Loan Document by it must be returned to any Loan Party or paid to any a Borrower or other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any LenderSecured Party. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.. 84
Appears in 1 contract
Samples: Credit and Security Agreement (Titan International Inc)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any a Loan Party and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any a Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such LenderXxxxxx’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party Borrower and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Transaction Document must be returned to any Loan Party Borrower or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Transaction Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such LenderXxxxxx’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Samples: Loan and Security Agreement (Flat Rock Core Income Fund)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party a Borrower and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any Loan Party a Borrower or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Samples: Loan and Security Agreement (Cooper Tire & Rubber Co)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall 323 1125931.03I-XXXXX000000000.05E-CHISR01A - MSW pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) of the amounts required to be returned.
Appears in 1 contract
Samples: Credit Agreement (Novelis Inc.)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party an Obligor and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document by it must be returned to any Loan Party or paid to any an Obligor or other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any LenderSecured Party. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Samples: Loan and Security Agreement (United Natural Foods Inc)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any a Loan Party and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any a Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, 212 each Lender shall pay to such Agent, on demand, such LenderXxxxxx’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan Party an Obligor and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any Loan Party an Obligor or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such LenderXxxxxx’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any Loan a Credit Party and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any Loan a Credit Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Obligations held by a Secured Obligations Party are later required to be returned by such Agent pursuant to Applicable Law, each Lender such Secured Party shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract
Recovery of Payments. If any Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such Agent from any a Loan Party and such related payment is not received, then such Agent may recover such amount from each Secured Party that received it. If any Agent determines at any time that an amount received under any Loan Document must be returned to any a Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any Agent to any Secured Obligations are later required to be returned by such Agent pursuant to Applicable Law, each Lender shall pay to such Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.. 231
Appears in 1 contract
Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)
Recovery of Payments. If any the Agent pays any amount to a Secured Party in the expectation that a related payment will be received by such the Agent from any a Loan Party and such related payment is not received, then such the Agent may recover such amount from each Secured Party that received it. If any the Agent determines at any time that an amount received under any Loan Document must be returned to any a Loan Party or paid to any other Person pursuant to Applicable Law or otherwise, then, notwithstanding any other term of any Loan Document, such the Agent shall not be required to distribute such amount to any Lender. If any amounts received and applied by any the Agent to any Secured Obligations are later required to be returned by such the Agent pursuant to Applicable Law, each Lender shall pay to such the Agent, on demand, such Lender’s share (in accordance with its Pro Rata Percentage, where applicable) share of the amounts required to be returned.
Appears in 1 contract