Common use of Redistribution of Payment Clause in Contracts

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under the Credit Facilities which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal and interest due in respect of the Credit Facilities (having regard to the respective Individual Commitments of the Lenders with respect to the Credit Facilities), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other Lender or Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit Facilities; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrowers, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 4 contracts

Samples: Credit Agreement (Vitran Corp Inc), Credit Agreement (Vitran Corp Inc), Credit Agreement (Vitran Corp Inc)

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Redistribution of Payment. 9.17 If a Lender shall receive payment of a portion of the aggregate amount of principal principal, interest and interest standby fees due to it under the Credit Facilities hereunder including by way of set-off pursuant to Section 8.5 which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal principal, interest and interest standby fees due in respect of the Credit Facilities Facility (having regard to the respective Individual Commitments of the Lenders with respect to the Credit FacilitiesLenders), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other Lender or Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit FacilitiesExposures; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowersBorrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 4 contracts

Samples: Credit Agreement (Platinum Group Metals LTD), Credit Agreement (Uranium Energy Corp), Credit Agreement (Uranium Energy Corp)

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under the Credit Facilities hereunder which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal and interest due in respect of the Credit Facilities Facility (having regard to the respective Individual Commitments of the Lenders with respect to the Credit FacilitiesFacility), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other Lender or Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit Facilitiescredits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowersBorrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 2 contracts

Samples: Credit Agreement (Yamana Gold Inc), Credit Agreement (Yamana Gold Inc)

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under the Credit Facilities hereunder which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal and interest due in respect of the Credit Facilities hereunder (having regard to the respective Individual Commitments Payment Shares of the Lenders with respect to the Credit FacilitiesLenders), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit Accommodation of the other Lender or Lenders under the Credit Facilities Facility so that the respective receipts shall be pro rata to their respective participation in the extensions of credit Accommodations under the Credit FacilitiesFacility; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowersBorrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 2 contracts

Samples: Term Credit Agreement (Potash Corp of Saskatchewan Inc), Term Credit Agreement (Potash Corporation of Saskatchewan Inc)

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under the Credit Facilities hereunder which is greater than the proportion received by any other relevant Lender in respect of the aggregate amount of principal and interest due in respect of the any Credit Facilities Facility (having regard to the respective Individual Commitments of the relevant Lenders with respect to the such Credit FacilitiesFacility), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other relevant Lender or relevant Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit Facilitiescredits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowersBorrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.”

Appears in 1 contract

Samples: Second Amending Agreement (Yamana Gold Inc)

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under the Credit Facilities hereunder which is greater than the proportion received by any other relevant Lender in respect of the aggregate amount of principal and interest due in respect of the Credit Facilities Facility (having regard to the respective Individual Commitments of the Lenders with respect to the Credit FacilitiesFacility), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other relevant Lender or relevant Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit Facilitiescredits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrowers, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.. Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (New Gold Inc. /FI)

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under the Credit Facilities hereunder which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal and interest due in respect of the Credit Facilities Facility (having regard to the respective Individual Commitments of the Lenders with respect to the Credit FacilitiesLenders), the Lender receiving such proportionately greater payment shall purchase a participation (which Amended and Restated Credit Agreement shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other Lender or Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit Facilitiescredits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowersBorrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 1 contract

Samples: Credit Agreement (Endeavour Silver Corp)

Redistribution of Payment. If 9.17If a Lender shall receive payment of a portion of the aggregate amount of principal principal, interest and interest standby fees due to it under the Credit Facilities hereunder including by way of set-off pursuant to Section 8.5 which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal principal, interest and interest standby fees due in respect of the Credit Facilities Facility (having regard to the respective Individual Commitments of the Lenders with respect to the Credit FacilitiesLenders), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other Lender or Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit FacilitiesExposures; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowersBorrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 1 contract

Samples: Credit Agreement (Uranium Energy Corp)

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Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under the Credit Facilities hereunder including by way of set off pursuant to Section 12.3 which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal and interest due in respect of the Credit Facilities Facility (having regard to the respective Individual Commitments of the Lenders with respect to the Credit FacilitiesLenders), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other Lender or Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit Facilitiescredits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowersBorrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 1 contract

Samples: Credit Agreement (Lake Shore Gold Corp)

Redistribution of Payment. 9.17 If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under the Credit Facilities hereunder including by way of set-off pursuant to Section 8.5 which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal and interest due in respect of the Credit Facilities Facility (having regard to the respective Individual Commitments of the Lenders with respect to the Credit FacilitiesLenders), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other Lender or Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit FacilitiesExposures; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowersBorrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 1 contract

Samples: Credit Agreement (Platinum Group Metals LTD)

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under the Credit Facilities hereunder including by way of set off pursuant to Section 10.3 which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal and interest due in respect of the Credit Facilities Facility (having regard to the respective Individual Commitments of the Lenders with respect to the Credit FacilitiesLenders), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other Lender or Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit Facilitiescredits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowersBorrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 1 contract

Samples: Credit Agreement (Lake Shore Gold Corp)

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal and interest due to it under any of the Credit Facilities which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal and interest due in respect of the such Credit Facilities Facility (having regard to the respective Individual Commitments of the Lenders with respect to the such Credit FacilitiesFacility), the Lender receiving such proportionately greater payment shall purchase a participation (which shall be deemed to have been done simultaneously with receipt of such payment) in that portion of the aggregate outstanding credit of the other Lender or Lenders under the Credit Facilities so that the respective receipts shall be pro rata to their respective participation in the extensions of credit under the Credit Facilitiescredits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrowers, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Appears in 1 contract

Samples: Credit Agreement (Anixter International Inc)

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