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, interest and standby fees due to it 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, interest and standby fees due in respect of the Facility (having regard to the respective Individual Commitments of the Lenders), 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 so that the respective receipts shall be pro rata to their respective Exposures; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrower, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it hereunder including by way of set-off pursuant to Section 8.5 under the Credit Facilities which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal, principal and interest and standby fees due in respect of the Facility Credit Facilities (having regard to the respective Individual Commitments of the LendersLenders 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 Exposuresparticipation 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payment received by such purchasing Lender shall be recovered from the BorrowerBorrowers, such purchase shall be rescinded and the purchase price paid for such participation shall be returned by such selling Lender or Lenders to the extent of such recovery, but without interest.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it 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 and interest and standby fees due in respect of the Facility Credit Facilities (having regard to the respective Individual Commitments of the LendersLenders under each Credit Facility), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrower, 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.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it 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 and interest and standby fees due in respect of the Facility hereunder (having regard to the respective Individual Commitments Payment Shares of the Lenders), 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 Facility so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the Accommodations under the Credit Facility; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrower, 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.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it 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 and interest and standby fees due in respect of the Credit Facility (having regard to the respective Individual Commitments of the LendersLenders with respect to the Credit Facility), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrower, 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.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it 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 and interest and standby fees due in respect of the Facility Credit Facilities (having regard to the respective Individual Commitments of the LendersLenders under each Credit Facility), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowerBorrowers, 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.. 286042.00064/106711224.9 Credit Agreement - Equinox

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it 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 and interest and standby fees due in respect of the Facility Credit Facilities (having regard to the respective Individual Commitments of the LendersLenders under each Credit Facility), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowerBorrowers, 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.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it hereunder including by way of set-off pursuant to Section 8.5 which is greater than the proportion received by any other relevant Lender in respect of the aggregate amount of principal, principal and interest and standby fees due in respect of the Credit Facility (having regard to the respective Individual Commitments of the LendersLenders with respect to the Credit Facility), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowerBorrowers, 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.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it 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 and interest and standby fees due in respect of the Facility (having regard to the respective Individual Commitments of the Lenders), 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 so that the respective receipts shall be pro rata to their respective Exposures; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrower, 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.

Redistribution of Payment. If 17If a Lender shall receive payment of a portion of the aggregate amount of principal, interest and standby fees due to it 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, interest and standby fees due in respect of the Facility (having regard to the respective Individual Commitments of the Lenders), 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 so that the respective receipts shall be pro rata to their respective Exposures; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrower, 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.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it hereunder including by way under any of set-off pursuant to Section 8.5 the Credit Facilities which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal, principal and interest and standby fees due in respect of the such Credit Facility (having regard to the respective Individual Commitments of the LendersLenders with respect to such Credit Facility), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowerBorrowers, 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.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it hereunder including by way of set-off pursuant to Section 8.5 which is greater than the proportion received by any other relevant Lender in respect of the aggregate amount of principal, principal and interest and standby fees due in respect of the any Credit Facility (having regard to the respective Individual Commitments of the Lendersrelevant Lenders with respect to such Credit Facility), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrower, 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.”

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it hereunder including by way of set-set off pursuant to Section 8.5 12.3 which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal, principal and interest and standby fees due in respect of the Credit Facility (having regard to the respective Individual Commitments of the Lenders), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrower, 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.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it hereunder including by way of set-set off pursuant to Section 8.5 10.3 which is greater than the proportion received by any other Lender in respect of the aggregate amount of principal, principal and interest and standby fees due in respect of the Credit Facility (having regard to the respective Individual Commitments of the Lenders), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the Borrower, 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.

Redistribution of Payment. If a Lender shall receive payment of a portion of the aggregate amount of principal, principal and interest and standby fees due to it 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 and interest and standby fees due in respect of the Facility Credit Facilities (having regard to the respective Individual Commitments of the Lenders), 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 so that the respective receipts shall be pro rata to their respective Exposuresparticipation in the credits; provided, however, that if all or part of such proportionately greater payment received by such purchasing Lender shall be recovered from the BorrowerBorrowers, 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.