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 any Borrower received by the Administrative Agent with respect to any Letter of Credit and distributed by the Administrative Agent to the Lenders on account of their respective participations therein is thereafter set aside, avoided, or recovered from the Administrative Agent in connection with any receivership, liquidation, or bankruptcy proceeding, the Lenders shall, upon demand by the Administrative Agent, pay to the Administrative 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 Administrative Agent upon the amount required to be repaid by it.

Appears in 2 contracts

Samples: Loan and Security Agreement (EveryWare Global, Inc.), Loan and Security Agreement (Metals USA Plates & Shapes Southcentral, Inc.)

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

Appears in 2 contracts

Samples: Loan and Security Agreement (Metals Usa Holdings Corp.), Loan and Security Agreement (FLAG INTERMEDIATE HOLDINGS Corp)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Good Guys Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Us Xpress Enterprises Inc)

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