Refunding of Payments. The Facility Agent shall not be obliged to make available to any person any sum that it is expecting to receive for the account of that person until it has been able to establish that it has received that sum. However, it may do so if it wishes. If and to the extent that the Facility Agent does so but it transpires that the Facility Agent has not then received the sum which it paid out:
Appears in 3 contracts
Samples: Propco Facility Agreement (Toys R Us Inc), Senior Facilities Agreement (Toys R Us Inc), Uk Propco Facility Agreement (Toys R Us Inc)
Refunding of Payments. The Facility Agent shall not be obliged to make available to any person any sum that which it is expecting to receive for the account of that person until it has been able to establish that it has received that sum. However, However it may do so if it wishes. If and to the extent that the Facility Agent it does so but it transpires that the Facility Agent has it had not then received the sum which it paid out:
Appears in 1 contract
Samples: Agreement (Nordic Telephone CO ApS)
Refunding of Payments. The Facility Agent shall not be obliged to (but may) make available to any person any sum that which it is expecting to receive for the account of that person until it has been able to establish that it has received that sum. HoweverHowsoever, it may do so if it wishes. If and to the extent that the Facility Agent it does so but it transpires that the Facility Agent it has not then received the sum which it paid out:
Appears in 1 contract
Samples: Agreement (Hadco Corp)
Refunding of Payments. The Facility Agent shall not be obliged to make available to any person any sum that it is expecting to receive for the account of that person until it has been able to establish that it has received that sum. However, it may do so if it wishes. If and to the extent LEGAL_EU # 10964296.8 that the Facility Agent does so but it transpires that the Facility Agent has not then received the sum which it paid out:
Appears in 1 contract
Refunding of Payments. The Facility Agent shall not be obliged to make available to any person any sum that which it is expecting to receive for the account of that person until it has been able to establish that it has received that sum. However, it may do so if it wishes. If and to the extent that the Facility Agent it does so but it transpires that the Facility Agent has had not then received the sum which it paid out:
Appears in 1 contract
Refunding of Payments. The Facility Agent shall not be obliged to make available to any person any sum that which it is expecting to receive for the account of that person until it has been able to establish that it has received that sum. However, However it may do so if it wishes. If and to the extent that the Facility Agent it does so but it transpires that the Facility Agent has it had not then received the sum which it paid out:: 222
Appears in 1 contract
Samples: Senior Facilities Agreement (Nordic Telephone CO ApS)
Refunding of Payments. The Facility Agent may but shall not be obliged to make available to any person any sum that amount which it is expecting to receive for the account of that person until before it has been able to establish that it has received that sum. However, it may do so if it wishesamount. If and to the extent that the Facility Agent does so but it transpires proves to be the case that the Facility Agent has not then actually received the sum which it paid outthat amount:
Appears in 1 contract
Samples: Senior Credit Agreement (Shurgard Storage Centers Inc)