Common use of Redistribution of payments Clause in Contracts

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-off, the exercise of any lien or otherwise from any Security Party, an amount greater than that Lender’s Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”) then: 15.22.1 that Lender shall promptly notify the Agent (which shall promptly notify each other Lender); 15.22.2 that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.22. However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Finance Party receives or recovers by way of set-off, the exercise of any lien or otherwise from any Security Party, an amount greater than that LenderFinance Party’s Proportionate Share of entitlement to any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 15.16 and in Clause 15.23 15.17 as the “Excess Amount”) then: 15.22.1 15.16.1 that Lender Finance Party shall promptly notify the Agent (which shall promptly notify each other LenderFinance Party); 15.22.2 15.16.2 that Lender Finance Party shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 15.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders Finance Party and shall account to the Lenders Finance Parties in respect of the Excess Amount in accordance with the provisions of this Clause 15.2215.16. However, if a Lender Finance Party has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Finance Party which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-off, the exercise of any lien or otherwise from any Security Party, an amount greater than that Lender’s Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 15.16 and in Clause 15.23 15.17 as the “Excess Amount”) then: 15.22.1 15.16.1 that Lender shall promptly notify the Agent (which shall promptly notify each other Lender); 15.22.2 15.16.2 that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 15.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.2215.16. However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank’s Commitment), an amount greater than that LenderBank’s Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”) then:then:- 15.22.1 9.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 9.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 9.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank's Commitment), an amount greater than that Lender’s Bank's Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “"Excess Amount”") then:then:- 15.22.1 11.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 11.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 11.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders Banks and the Agent, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank's Commitment), an amount greater than that Lender’s Bank's Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “"Excess Amount”") then:then:- 15.22.1 9.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 9.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 9.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Finance Party receives or recovers by way of set-off, the exercise of any lien or otherwise other than from any Security Partyassignee or transferee of or sub-participant in that Bank's Commitment, an amount greater than that Lender’s Bank's Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents or in the case of a Future Swap Provider (provided that such Future Swap Provider has entered into a Subordination Agreement) an amount greater than the amount outstanding and due to any Future Swap Provider under a Master Agreement (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “"Excess Amount”") then:then:- \P1\3522333.10 15.22.1 9.16.1 that Lender Finance Party shall promptly notify the Agent (which shall promptly notify each other LenderFinance Party); 15.22.2 9.16.2 that Lender Finance Party shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 9.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Finance Parties as aforesaid and shall account to the Lenders Finance Parties in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Finance Party has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Finance Party which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders Banks and the Agent, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank's Commitment), an amount greater than that Lender’s Bank's Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”"EXCESS AMOUNT") then:then:- 15.22.1 10.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 10.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 10.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Finance Party receives or recovers by way of set-off, the exercise of any lien or otherwise other than from any Security Partyassignee or transferee of or sub-participant in that Bank's Commitment, an amount greater than that Lender’s Bank's Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “"Excess Amount”") then:then:- 15.22.1 9.16.1 that Lender Finance Party shall promptly notify the Agent (which shall promptly notify each other LenderFinance Party); 15.22.2 9.16.2 that Lender Finance Party shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 9.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Finance Parties as aforesaid and shall account to the Lenders Finance Parties in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Finance Party has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Finance Party which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-offset‑off, the exercise of any lien or otherwise from any Security Party, an amount greater than that Lender’s 's Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 15.16 and in Clause 15.23 15.17 (Rescission of Excess Amount) as the “"Excess Amount”") then: 15.22.1 15.16.1 that Lender shall promptly notify the Agent (which shall promptly notify each other Lender); 15.22.2 15.16.2 that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 15.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.22. 15.14 (Distribution of payments) However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders Banks and the Agent, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank’s Commitment), an amount greater than that LenderBank’s Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”) then:then:- 15.22.1 9.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 9.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 9.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-off, the exercise of any lien or otherwise from any Security Party, an amount greater than that Lender’s Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 15.16 and in Clause 15.23 15.17 (Rescission of Excess Amount) as the “Excess Amount”) then: 15.22.1 15.16.1 that Lender shall promptly notify the Agent (which shall promptly notify each other Lender); 15.22.2 15.16.2 that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 15.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.22. 15.14 (Distribution of payments) However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders Banks and the AgentAgents, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank’s Commitment), an amount greater than that LenderBank’s Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”) then:then:- 15.22.1 11.16.1 that Lender Bank shall promptly notify the Agent Agents (which shall promptly notify each other LenderBank); 15.22.2 11.16.2 that Lender Bank shall pay to the Agent Agents an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 11.16.3 the Agent Agents shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent Agents shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-off, the exercise of any lien or otherwise from any Security Party, an amount greater than that Lender’s 's Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 15.16 and in Clause 15.23 15.17 (Rescission of Excess Amount) as the “"Excess Amount”") then: 15.22.1 15.16.1 that Lender shall promptly notify the Agent (which shall promptly notify each other Lender); 15.22.2 15.16.2 that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 15.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.2215.14 (Distribution of payments). However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-off, the exercise of any lien or otherwise from any Security Party, an amount greater than that LenderXxxxxx’s Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 15.17 and in Clause 15.23 15.18 as the “Excess Amount”) then: 15.22.1 15.17.1 that Lender shall promptly notify the Agent (which shall promptly notify each other Lender); 15.22.2 15.17.2 that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 15.17.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.2215.17. However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-offset‑off, the exercise of any lien or otherwise from any Security Party, an amount greater than that Lender’s 's Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 15.16 and in Clause 15.23 15.17 (Rescission of Excess Amount) as the “"Excess Amount”") then: 15.22.1 15.16.1 that Lender shall promptly notify the Agent (which shall promptly notify each other Lender); 15.22.2 15.16.2 that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 15.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.2215.16. However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-offset‑off, the exercise of any lien or otherwise from any Security Party, an amount greater than that Lender’s 's Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “"Excess Amount”") then: 15.22.1 1. that Lender shall promptly notify the Agent (which shall promptly notify each other Lender); 15.22.2 2. that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 3. the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.22. However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Finance Party receives or recovers by way of set-off, the exercise of any lien or otherwise other than from any Security Partyassignee or transferee of or sub-participant in that Bank’s Commitment, an amount greater than that LenderBank’s Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”) then:then:- 15.22.1 9.17.1 that Lender Finance Party shall promptly notify the Agent (which shall promptly notify each other LenderFinance Party); 15.22.2 9.17.2 that Lender Finance Party shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 9.17.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Finance Parties as aforesaid and shall account to the Lenders Finance Parties in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Finance Party has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Finance Party which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders Banks and the Agent, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank's Commitment), an amount greater than that Lender’s Bank's Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “"Excess Amount”") then:then:- 15.22.1 10.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 10.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 10.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-off, the exercise of any lien or otherwise from any Security Party, an amount greater than that Lender’s Xxxxxx's Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 15.16 and in Clause 15.23 15.17 as the “"Excess Amount”") then: 15.22.1 15.16.1 that Lender shall promptly notify the Agent (which shall promptly notify each other Lender); 15.22.2 15.16.2 that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 15.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.2215.16. However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank's Commitment), an amount greater than that Lender’s Bank's Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”"EXCESS AMOUNT") then:then:- 15.22.1 11.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 11.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 11.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise other than from any Security Partyassignee or transferee of or sub-participant in that Bank’s Commitment, an amount greater than that LenderBank’s Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”) then:then:- 15.22.1 9.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 9.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 9.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank’s Commitment), an amount greater than that LenderBank’s Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”) then:then:- 15.22.1 11.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 11.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 11.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the Agent, if at any time a Lender receives or recovers by way of set-off, the exercise of any lien or otherwise from any Security Party, an amount greater than that Lender’s 's Proportionate Share of any sum due from that Security Party to the Lenders under the Finance Documents (the amount of the excess being referred to in this Clause 15.22 15.16 and in Clause 15.23 15.17 as the “"Excess Amount”") then: 15.22.1 15.16.1 that Lender shall promptly notify the Agent (which shall promptly notify each other Lender);; \P1\3549672.7 15.22.2 15.16.2 that Lender shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 15.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party to the Lenders and shall account to the Lenders in respect of the Excess Amount in accordance with the provisions of this Clause 15.2215.16. However, if a Lender has commenced any legal proceedings to recover sums owing to it under the Finance Documents and, as a result of, or in connection with, those proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender which had been notified of the proceedings and had the legal right to, but did not, join those proceedings or commence and diligently prosecute separate proceedings to enforce its rights in the same or another court.

Redistribution of payments. Unless otherwise agreed between the Lenders and the AgentFinance Parties, if at any time a Lender Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any Security Partyassignee or transferee of or sub-participant in that Bank's Commitment), an amount greater than that Lender’s Bank's Proportionate Share of any sum due from that any of the Security Party to the Lenders Parties under the Finance Security Documents (the amount of the excess being referred to in this Clause 15.22 and in Clause 15.23 as the “Excess Amount”"EXCESS AMOUNT") then:then:- 15.22.1 10.16.1 that Lender Bank shall promptly notify the Agent (which shall promptly notify each other LenderBank); 15.22.2 10.16.2 that Lender Bank shall pay to the Agent an amount equal to the Excess Amount within ten (10) days of its receipt or recovery of the Excess Amount; and 15.22.3 10.16.3 the Agent shall treat that payment as if it were a payment by the Security Party in question on account of the sum due from that Security Party owed to the Lenders Banks as aforesaid and shall account to the Lenders Banks in respect of the Excess Amount in accordance with the provisions of this Clause 15.22Clause. However, if a Lender Bank has commenced any legal proceedings Proceedings to recover sums owing to it under the Finance Security Documents and, as a result of, or in connection with, those proceedings Proceedings has received an Excess Amount, the Agent shall not distribute any of that Excess Amount to any other Lender Bank which had been notified of the proceedings Proceedings and had the legal right to, but did not, join those proceedings Proceedings or commence and diligently prosecute separate proceedings Proceedings to enforce its rights in the same or another court.