Common use of Recovery or Avoidance of Payments Clause in Contracts

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the Borrower received by the Agent with respect to any Letter of Credit or Credit Support provided for any Letter of Credit and distributed by the Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the any Borrower received by the Agent with respect to any Letter of Credit or Credit Support provided for any Letter of Credit and distributed by the Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided avoided, or recovered from the Agent in connection with any receivership, liquidation liquidation, or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided avoided, or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the Borrower received by the Agent with respect to any Letter of Credit or Credit Support provided for any a Letter of Credit and distributed by the Agent to the Lenders Banks on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders each Bank that received such distribution shall, upon demand by the such Agent, pay to contribute such Bank's Commitment Percentage of the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, recovered together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the Borrower received by the Agent with respect to any Letter of Credit or Credit Support provided for any a Letter of Credit and distributed by the Agent to the Lenders Banks on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders each Bank that received such distribution shall, upon demand by the such Agent, pay to contribute such Bank's Commitment Share of the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, recovered together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the Borrower Borrowers received by the Agent with respect to any Letter of Credit or Credit Support provided for any Letter of Credit and distributed by the Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the Borrower received by the Agent an Issuer with respect to any Letter of Credit or Credit Support provided for any a Letter of Credit and distributed by the Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent Issuer in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders each Lender that received such distribution shall, upon demand by the AgentAdministrative Agent or such Issuer, pay to contribute such Lender's Commitment Share of the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, recovered together with interest at the rate required to be paid by the Administrative Agent or such Issuer upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the Borrower received by the Agent with respect to any Letter of Credit or Credit Support provided for any a Letter of Credit and distributed by the Agent to the Lenders Banks on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders each Bank that received such distribution shall, upon demand by the such Agent, pay to contribute such Bank's ratable share of the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, recovered together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by --------------------------------- or on behalf of the Borrower Borrowers received by the Agent with respect to any Letter of Credit or Credit Support provided for any Letter of Credit and distributed by the Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the a Borrower received by the Agent with respect to any Letter of Credit (or Credit Support provided for any Letter guaranty by a Borrower or reimbursement obligation of Credit a Borrower relating thereto) and distributed by the Agent to the Lenders on account of their respective participations therein therein, is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the Borrower received by the Agent with respect to any Letter Hedging Agreement Undertaking (or any guaranty by Borrower or reimbursement obligation of Credit or Credit Support provided for any Letter of Credit Borrower relating thereto) and distributed by the Agent to the Lenders on account of their respective participations therein therein, is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the any Borrower received by the Agent with respect to any Letter of Credit or Credit Support provided for any Letter of Credit and distributed by the Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on ---------------------------------- behalf of the Borrower received by the Agent with respect to any Letter of Credit or Credit Support provided for any Letter of Credit and distributed by the Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the any Borrower received by the Agent with respect to any Letter of Credit or Credit Support provided for any Letter of Credit and distributed by the Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided avoided, or recovered from the Agent in connection with any receivership, liquidation liquidation, or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided avoided, or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or --------------------------------- on behalf of the Borrower received by the Agent with respect to any Letter of Credit (or Credit Support provided for any Letter guaranty by Borrower or reimbursement obligation of Credit Borrower relating thereto) and distributed by the Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders shall, upon demand by the Agent, promptly pay to the Agent their respective Pro Rata Shares of such amount set aside, avoided or recovered, together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.

Recovery or Avoidance of Payments. In the event any payment by or on behalf of the Borrower received by the Agent with respect to any Letter of Credit or Credit Support provided for any a Letter of Credit and distributed by the Agent to the Lenders Banks on account of their respective participations therein is thereafter set aside, avoided or recovered from the Agent in connection with any receivership, liquidation or bankruptcy proceeding, the Lenders each Bank that received such distribution shall, upon demand by the such Agent, pay to contribute such Bank's ratable share of the Agent their respective Pro Rata Shares of such amount set aside, AT: 1030545v10 avoided or recovered, recovered together with interest at the rate required to be paid by the Agent upon the amount required to be repaid by it.