Common use of Redistribution of payments Clause in Contracts

Redistribution of payments. 33.1 If, at any time, the proportion which any Bank (a "RECOVERING BANK") has received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENT") to be made under this Agreement by any of the Borrowers for account of such Recovering Bank and one or more other Banks is greater (the portion of such receipt or recovery giving rise to such excess proportion being herein called an "EXCESS AMOUNT") than the proportion thereof so received or recovered by the Bank or Banks so receiving or recovering the smallest proportion thereof, then: (i) such Recovering Bank shall pay to the Facility Agent an amount equal to such excess amount; (ii) there shall thereupon fall due from such Borrower to such Recovering Bank an amount equal to the amount paid out by such Recovering Bank pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's portion of such relevant payment; and (iii) the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) above as if such amount had been received by it from such Borrower in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to Clause 31.3(i)(a) such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 If any sum (a "RELEVANT SUM") received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers becomes repayable and is repaid by such Recovering Bank, then: (i) each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 shall, upon request of the Facility Agent pay to the Facility Agent for account of such Recovering Bank an amount equal to its share of such relevant sum; and (ii) there shall thereupon fall due from such Borrower to each such Bank an amount equal to the amount paid out by it pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's share of such relevant sum was applied. 33.4 Without prejudice to the preceding provisions of this Clause 33, if the Facility Agent shall receive from PLC or any other Borrower hereunder funds which are insufficient to satisfy in full the obligations of such person under the Finance Documents then due to be discharged, the Facility Agent shall allocate the funds so received in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to act.

Redistribution of payments. 33.1 28.1 If, at any time, the proportion which any Bank (a "RECOVERING BANKRecovering Bank") has received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENTrelevant payment") to be made under this Agreement by any of the Borrowers Borrower for account of such Recovering Bank and one or more other Banks is greater (the portion of such receipt or recovery giving rise to such excess proportion being herein called an "EXCESS AMOUNTexcess amount") than the proportion thereof so received or recovered by the Bank or Banks so receiving or recovering the smallest proportion thereof, then: (i) such Recovering Bank shall pay to the Facility Agent an amount equal to such excess amount; (ii) there shall thereupon fall due from such the Borrower to such Recovering Bank an amount equal to the amount paid out by such Recovering Bank pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's portion of such relevant payment; and (iii) the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) above as if such amount had been received by it from such the Borrower in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to Clause 31.3(i)(a) such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 28.2 If any sum (a "RELEVANT SUMrelevant sum") received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers Borrower becomes repayable and is repaid by such Recovering Bank, then: (i) each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 28.1 shall, upon request of the Facility Agent Agent, pay to the Facility Agent for account of such Recovering Bank an amount equal to its share of such relevant sum; and (ii) there shall thereupon fall due from such the Borrower to each such Bank an amount equal to the amount paid out by it pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's share of such relevant sum was applied. 33.4 Without prejudice 28.3 If any Bank shall commence any action or proceeding in any court to the preceding provisions of this Clause 33enforce its rights hereunder and, if the Facility Agent as a result thereof or in connection therewith, shall receive from PLC or any other Borrower hereunder funds which are insufficient excess amount (as defined in Clause 28.1), then such Bank shall not be required to satisfy in full the obligations share any portion of such person under excess amount with any Bank which has the Finance Documents then due legal right to, but does not, join in such action or proceeding or commence and diligently prosecute a separate action or proceeding to be discharged, the Facility Agent shall allocate the funds so received enforce its rights in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to act.another court. Part 10

Redistribution of payments. 33.1 If, at any time, the proportion which any Bank (a "RECOVERING BANK"“Recovering Bank”) has received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENT"“relevant payment”) to be made under this Agreement by any of the Borrowers an Obligor for account of such Recovering Bank and one or more other Banks is greater (the portion of such receipt or recovery giving rise to such excess proportion being herein called an "EXCESS AMOUNT"“excess amount”) than the proportion thereof so received or recovered by the Bank or Banks so receiving or recovering the smallest proportion thereof, then: (i) such Recovering Bank shall inform the Agent of such receipt or recovery and pay to the Facility Agent an amount equal to such excess amount; (ii) there shall thereupon fall due from such Borrower the Obligor to such Recovering Bank an amount equal to the amount paid out by such Recovering Bank pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's ’s portion of such relevant payment; and (iii) the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) above as if such amount had been received by it from such Borrower the Obligor in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to paragraph (i)(a) of Clause 31.3(i)(a20.3 (Payments by the Agent) such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 If any sum (a "RELEVANT SUM") received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers becomes repayable and is repaid by such Recovering Bank, then: (i) each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 shall, upon request of the Facility Agent pay to the Facility Agent for account of such Recovering Bank an amount equal to its share of such relevant sum; and (ii) there shall thereupon fall due from such Borrower to each such Bank an amount equal to the amount paid out by it pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's share of such relevant sum was applied. 33.4 Without prejudice to the preceding provisions of this Clause 33, if the Facility Agent shall receive from PLC or any other Borrower hereunder funds which are insufficient to satisfy in full the obligations of such person under the Finance Documents then due to be discharged, the Facility Agent shall allocate the funds so received in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to act.

Redistribution of payments. 33.1 26.1 If, at any time, the proportion which any Bank (a "RECOVERING BANKRecovering Bank") has received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENTrelevant payment") to be made under this Agreement by any of the Borrowers an Obligor for account of such Recovering Bank and one or more other Banks is greater (the portion of such receipt or recovery giving rise to such excess proportion being herein called an "EXCESS AMOUNTexcess amount") than the proportion thereof so received or recovered by the Bank or Banks so receiving or recovering the smallest proportion thereofthereof (which shall include a nil receipt), then: (i) 26.1.1 such Recovering Bank shall pay to the Facility Agent an amount equal to such excess amount; (ii) 26.1.2 there shall thereupon fall due from such Borrower Obligor to such Recovering Bank an amount equal to the amount paid out by such Recovering Bank pursuant to paragraph (i) sub-clause 26.1.1 above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's portion of such relevant payment; and (iii) 26.1.3 the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) sub-clause 26.1.1 above as if such amount had been received by it from such Borrower Obligor in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to Clause 31.3(i)(a24.3.1(a) such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 26.2 If any sum (a "RELEVANT SUMrelevant sum") received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers an Obligor becomes repayable and is repaid by such Recovering Bank, then: (i) 26.2.1 each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 26.1 shall, upon request of the Facility Agent Agent, pay to the Facility Agent for account of such Recovering Bank an amount equal to its share of such relevant sum; and (ii) 26.2.2 there shall thereupon fall due from such Borrower Obligor to each such Bank an amount equal to the amount paid out by it pursuant to paragraph (i) sub-clause 26.2.1 above, the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's share of such relevant sum was applied. 33.4 Without prejudice 26.3 A Bank shall not be obliged to the preceding provisions of this Clause 33, if the Facility Agent shall receive from PLC or share any amount with any other Borrower hereunder funds Bank which are insufficient it has received or recovered as a result of taking legal proceedings where such other Bank had an opportunity to satisfy participate in full the obligations of such person under the Finance Documents then due to be discharged, the Facility Agent shall allocate the funds those legal proceedings but did not do so received in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to actdid not take separate legal proceedings.

Redistribution of payments. 33.1 29.1 If, at any time, the proportion which any a Bank (a "RECOVERING BANK") has received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENT") to be made under this Agreement by any of the Borrowers for account of such Recovering Bank and one or more the other Banks Bank is greater (the portion of such receipt or recovery giving rise to such excess proportion being herein called an "EXCESS AMOUNT") than the proportion thereof so received or recovered by the Bank or Banks so receiving or recovering the smallest proportion thereof, then: (i) such Recovering Bank shall pay to the Facility Agent an amount equal to such excess amount; (ii) there shall thereupon fall due from such Borrower to such Recovering Bank an amount equal to the amount paid out by such Recovering Bank pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's portion of such relevant payment; and (iii) the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) above as if such amount had been received by it from such Borrower in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to Clause 31.3(i)(a) such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 29.2 If any sum (a "RELEVANT SUM") received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers becomes repayable and is repaid by such Recovering Bank, then: (i) each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 29.1 shall, upon request of the Facility Agent Agent, pay to the Facility Agent for the account of such Recovering Bank an amount equal to its share of such relevant sum; and (ii) there shall thereupon fall due from such Borrower to each such Bank an amount equal to the amount paid out by it pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's share of such relevant sum was applied. 33.4 Without prejudice to the preceding provisions of this Clause 33. FEES, if the Facility Agent shall receive from PLC or any other Borrower hereunder funds which are insufficient to satisfy in full the obligations of such person under the Finance Documents then due to be discharged, the Facility Agent shall allocate the funds so received in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to act.COSTS AND EXPENSES

Redistribution of payments. 33.1 27.1 If, at any time, the proportion which any a Bank (a "RECOVERING BANK") has received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENT") to be made under this Agreement by any of the Borrowers Borrower for account of such Recovering Bank and one or more the other Banks Bank is greater (the portion of such receipt or recovery giving rise to such excess proportion being herein called an "EXCESS AMOUNT") than the proportion thereof so received or recovered by the Bank or Banks so receiving or recovering the smallest proportion thereof, then: (i) such Recovering Bank shall pay to the Facility Agent an amount equal to such excess amount; (ii) there shall thereupon fall due from such the Borrower to such Recovering Bank an amount equal to the amount paid out by such Recovering Bank pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's portion of such relevant payment; andtreated (iii) the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) above as if such amount had been received by it from such the Borrower in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to Clause 31.3(i)(a) such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 27.2 If any sum (a "RELEVANT SUM") received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers Borrower becomes repayable and is repaid by such Recovering Bank, then: (i) each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 27.1 shall, upon request of the Facility Agent Agent, pay to the Facility Agent for the account of such Recovering Bank an amount equal to its share of such relevant sum; and (ii) there shall thereupon fall due from such the Borrower to each such Bank an amount equal to the amount paid out by it pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's share of such relevant sum was applied. 33.4 Without prejudice to the preceding provisions of this Clause 33, if the Facility Agent shall receive from PLC or any other Borrower hereunder funds which are insufficient to satisfy in full the obligations of such person under the Finance Documents then due to be discharged, the Facility Agent shall allocate the funds so received in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to act.

Redistribution of payments. 33.1 28.1 If, at any time, the proportion which any Bank (a "RECOVERING BANK"“Recovering Bank”) has received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENT"“relevant payment”) to be made under this Agreement by any of the Borrowers Obligors for account of such Recovering Bank and one or more other Banks is greater (the portion of such receipt or recovery giving rise to such excess proportion being herein called an "EXCESS AMOUNT"“excess amount”) than the proportion thereof so received or recovered by the Bank or Banks so receiving or recovering the smallest proportion thereof, then: (i) 28.1.1 such Recovering Bank shall pay to the Facility Agent an amount equal to such excess amount; (ii) 28.1.2 there shall thereupon (within 3 business days after receipt of a notice from the Agent) fall due from such Borrower Obligor to such Recovering Bank an amount equal to the amount paid out by such Recovering Bank pursuant to paragraph (i) sub-clause 28.1.1 above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's ’s portion of such relevant payment; and (iii) 28.1.3 the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) sub-clause 28.1.1 above as if such amount had been received by it from such Borrower Obligor in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to this Clause 31.3(i)(a) 28.1 such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 28.2 If any sum (a "RELEVANT SUM"“relevant sum”) received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers Obligors becomes repayable and is repaid by such Recovering Bank, then: (i) 28.2.1 each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 28.1 of this Clause 28 shall, upon request of the Facility Agent Agent, pay to the Facility Agent for account of such Recovering Bank an amount equal to its share of such relevant sum; and (ii) 28.2.2 there shall thereupon fall due from such Borrower Obligor to each such Bank an amount equal to the amount paid out by it pursuant to paragraph (i) sub-clause 28.2.1 above, the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's ’s share of such relevant sum was applied. 33.4 Without prejudice to the preceding provisions of this Clause 33, if the Facility Agent shall receive from PLC or any other Borrower hereunder funds which are insufficient to satisfy in full the obligations of such person under the Finance Documents then due to be discharged, the Facility Agent shall allocate the funds so received in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to act.

Redistribution of payments. 33.1 If: 11.10.1 any particular sum (a “Due Sum”) becomes payable pursuant hereto or pursuant to a Hedging Agreement by any Borrower to any of the Lenders or the Hedging Bank; and 11.10.2 the full amount of such Due Sum is not paid in accordance with the provisions of this Agreement; and 11.10.3 any Lender or the Hedging Bank (an “Excess Amount Lender”) receives or recovers by way of set-off, at counterclaim, combination of accounts, legal proceedings or other action all or any time, part of such Due Sum which is owed to such Excess Amount Lender; and 11.10.4 the proportion which any Bank (a "RECOVERING BANK") such Excess Amount Lender has so received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENT") to be made under this Agreement by any that share of the Borrowers for account of such Recovering Bank and one or more other Banks is greater (the portion of such receipt or recovery giving rise Due Sum actually owed to such excess proportion being herein called an "EXCESS AMOUNT") than Excess Amount Lender exceeds the proportion thereof so received or recovered by any other Lender or Hedging Bank which is also owed a share of such Due Sum (the Bank or Banks so receiving or recovering amount of the smallest proportion thereofexcess an “Excess Amount”), then: (ia) such Recovering Bank Excess Amount Lender shall pay to the Facility Agent an amount equal to such excess amount;Excess Amount; and (iib) there shall thereupon fall due from such Borrower to such Recovering Bank an amount equal to the amount Excess Amount shall be deemed not to have been paid out by such Recovering Bank pursuant the payer to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's portion of such relevant payment; and (iii) the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) above as if such amount had been received by it from such Borrower in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to Clause 31.3(i)(a) such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 If any sum (a "RELEVANT SUM") or received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers becomes repayable and is repaid by such Recovering Bank, then: (i) each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 shall, upon request of the Facility Agent pay Excess Amount Lender but paid to the Facility Agent for account of such Recovering Bank an amount equal to its share of such by the relevant sum; and (ii) there Borrower and shall thereupon fall due from such Borrower to each such Bank an amount equal to be distributed by the amount paid out by it pursuant to paragraph (i) above, Facility Agent in accordance with the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's share of such relevant sum was applied. 33.4 Without prejudice to the preceding provisions of this Clause 33, Agreement as if originally received by the Facility Agent shall receive from PLC or any other Borrower hereunder funds which are insufficient to satisfy in full the obligations of such person under the Finance Documents then due to be discharged, the Facility Agent shall allocate the funds so received in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to actAgent.

Redistribution of payments. 33.1 27.1 If, at any time, the proportion which any Bank (a "RECOVERING BANK“Recovering Bank") has received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENT“relevant payment") to be made under this Agreement by any of the Borrowers an Obligor for account of such Recovering Bank and one or more other Banks is greater (the portion of such receipt or recovery giving rise to such excess proportion being herein called an "EXCESS AMOUNT“excess amount") than the proportion thereof so received or recovered by the Bank or Banks so receiving or recovering the smallest proportion thereofthereof (which shall include a nil receipt), then: (i) 27.1.1 such Recovering Bank shall pay to the Facility Agent an amount equal to such excess amount; (ii) 27.1.2 there shall thereupon fall due from such Borrower Obligor to such Recovering Bank an amount equal to the amount paid out by such Recovering Bank pursuant to paragraph (i) sub-clause 27.1.1 above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's ’s portion of such relevant payment; and (iii) 27.1.3 the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) sub-clause 27.1.1 above as if such amount had been received by it from such Borrower Obligor in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to Clause 31.3(i)(a25.3.1(a) such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 27.2 If any sum (a "RELEVANT SUM"“relevant sum”) received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers an Obligor becomes repayable and is repaid by such Recovering Bank, then: (i) 27.2.1 each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 27.1 shall, upon request of the Facility Agent Agent, pay to the Facility Agent for account of such Recovering Bank an amount equal to its share of such relevant sum; and (ii) 27.2.2 there shall thereupon fall due from such Borrower Obligor to each such Bank an amount equal to the amount paid out by it pursuant to paragraph (i) sub-clause 27.2.1 above, the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's ’s share of such relevant sum was applied. 33.4 Without prejudice 27.3 A Bank shall not be obliged to the preceding provisions of this Clause 33, if the Facility Agent shall receive from PLC or share any amount with any other Borrower hereunder funds Bank which are insufficient it has received or recovered as a result of taking legal proceedings where such other Bank had an opportunity to satisfy participate in full the obligations of such person under the Finance Documents then due to be discharged, the Facility Agent shall allocate the funds those legal proceedings but did not do so received in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to actdid not take separate legal proceedings.

Redistribution of payments. 33.1 IfSubject to Clause 19.3, if, at any time, the proportion which any Bank (a "RECOVERING BANK") has received or recovered (whether by payment, the exercise of a right of set-off or combination of accounts or otherwise) in respect of its portion of any payment (a "RELEVANT PAYMENT") to be made under this Agreement by any of the Borrowers Borrower for account of such Recovering Bank and one or more other Banks is greater (the portion of such receipt or recovery giving rise to such excess proportion being herein called an "EXCESS AMOUNT") than the proportion thereof so received or recovered by the such Bank or Banks so receiving or recovering the smallest proportion thereof, then: (i) such Recovering Bank shall pay to the Facility Agent an amount equal to such excess amount; (ii) there shall thereupon fall due from such the Borrower to such Recovering Bank an amount equal to the amount paid out by such Recovering Bank pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were an unpaid part of such Recovering Bank's portion of such relevant payment; and (iii) the Facility Agent shall treat the amount received by it from such Recovering Bank pursuant to paragraph (i) above as if such amount had been received by it from such the Borrower in respect of such relevant payment and shall pay the same to the persons entitled thereto (including such Recovering Bank) pro rata to their respective entitlements thereto, Provided that to the extent that any excess amount is attributable to a payment to a Bank pursuant to Clause 31.3(i)(a17.3(i)(a) such portion of such excess amount as is so attributable shall not be required to be shared pursuant hereto. 33.2 Nothing in this Clause 33 shall confer on any Bank a security interest over any property of any Borrower and the obligations and liabilities of each Borrower arising under this Clause 33 shall have effect accordingly. 33.3 If any sum (a "RELEVANT SUM") received or recovered by a Recovering Bank in respect of any amount owing to it by any of the Borrowers becomes repayable and is repaid by such Recovering Bank, then: (i) each Bank which has received a share of such relevant sum by reason of the implementation of Clause 33.1 shall, upon request of the Facility Agent pay to the Facility Agent for account of such Recovering Bank an amount equal to its share of such relevant sum; and (ii) there shall thereupon fall due from such Borrower to each such Bank an amount equal to the amount paid out by it pursuant to paragraph (i) above, the amount so due being, for the purposes hereof, treated as if it were the sum payable to such Bank against which such Bank's share of such relevant sum was applied. 33.4 Without prejudice to the preceding provisions of this Clause 33, if the Facility Agent shall receive from PLC or any other Borrower hereunder funds which are insufficient to satisfy in full the obligations of such person under the Finance Documents then due to be discharged, the Facility Agent shall allocate the funds so received in or towards discharging the amounts then so due from such person pro rata to the amounts of such obligations and each party hereto irrevocably authorises and directs the Facility Agent so to act.