Common use of Rescission of Excess Amount Clause in Contracts

Rescission of Excess Amount. If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Facility Lenders which have received any part of that Excess Amount by way of distribution from the Facility Agent pursuant to clause 15.16 shall repay to the Facility Agent for the account of the Facility Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Facility Lenders share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Facility Lender receiving or recovering the Excess Amount to the person to whom that Facility Lender is liable to make payment in respect of such amount, and clause 15.16.3 shall apply only to the retained amount.

Appears in 6 contracts

Samples: Loan Agreement (Teekay Offshore Partners L.P.), Loan Agreement (Teekay Offshore Partners L.P.), Loan Agreement (Teekay Offshore Partners L.P.)

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Rescission of Excess Amount. If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Facility Lenders which have received any part of that Excess Amount by way of distribution from the Facility Agent pursuant to clause Clause 15.16 (Redistribution of payments) shall repay to the Facility Agent for the account of the Facility Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Facility Lenders share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Facility Lender receiving or recovering the Excess Amount to the person to whom that Facility Lender is liable to make payment in respect of such amount, and clause Clause 15.16.3 (Redistribution of payments) shall apply only to the retained amount.

Appears in 1 contract

Samples: Diana Shipping Inc.

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Rescission of Excess Amount. If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Facility Lenders which have received any part of that Excess Amount by way of distribution from the Facility Agent pursuant to clause Clause 15.16 ( Redistribution of payments ) shall repay to the Facility Agent for the account of the Facility Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Facility Lenders share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Facility Lender receiving or recovering the Excess Amount to the person to whom that Facility Lender is Lenxxx xs liable to make payment in respect of such amount, and clause Clause 15.16.3 ( Redistribution of payments ) shall apply only to the retained amount.

Appears in 1 contract

Samples: Management Agreement (Diana Shipping Inc.)

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