Common use of Rescission of Excess 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 Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Lenders which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) shall apply only to the retained amount.

Appears in 12 contracts

Samples: Secured Loan Agreement (DHT Holdings, Inc.), Third Supplemental Agreement to Secured Loan Facility Agreement (Genco Shipping & Trading LTD), Secured Loan Agreement (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 Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Lenders which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) 15.22 shall repay to the Agent for the account of the Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 15.22.3 shall apply only to the retained amount.

Appears in 8 contracts

Samples: Secured Loan Agreement (Teekay LNG Partners L.P.), Secured Term Loan Facility Agreement (Teekay Tankers Ltd.), Senior Secured Revolving Credit Facility Agreement

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 Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Lenders which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) shall apply only to the retained amount.

Appears in 7 contracts

Samples: Loan Agreement, Secured Credit Facility (Teekay Offshore Partners L.P.), Loan Agreement (Teekay LNG Partners L.P.)

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Party Parties or to any other third party, the Lenders Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders Banks 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 Lender Bank receiving or recovering the Excess Amount to the person to whom that Lender Bank is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 11.16.3 shall apply only to the retained amount.

Appears in 4 contracts

Samples: Deed of Amendment and Restatement (Stolt Offshore S A), Secured Multi Currency Revolving Loan Facility Agreement (Stolt Offshore S A), Loan Agreement (Stolt Offshore S A)

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

Appears in 4 contracts

Samples: Secured Facility Agreement, Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Corp)

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Party Parties or to any other third party, the Lenders Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders Banks 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 Lender Bank receiving or recovering the Excess Amount to the person to whom that Lender Bank is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 9.16.3 shall apply only to the retained amount.

Appears in 4 contracts

Samples: Loan Facility Agreement (Mc Shipping Inc), Loan Facility Agreement (Mc Shipping Inc), Loan Facility Agreement (Usg Corp)

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Party Parties or to any other third party, the Lenders Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) 9.16 shall repay to the Agent for the account of the Lender Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders Banks 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 Lender Bank receiving or recovering the Excess Amount to the person to whom that Lender Bank is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 9.16.3 shall apply only to the retained amount.

Appears in 4 contracts

Samples: Secured Reducing Revolving Loan Facility Agreement, Loan Facility Agreement (Teekay Shipping Corp), Secured Reducing Revolving Loan Facility Agreement (Teekay Shipping Corp)

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Rescission of Excess. Amount 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 Lenders which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) shall apply only to the retained amount.

Appears in 2 contracts

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

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Party Parties or to any other third party, the Lenders Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders Banks share rateably in accordance with their Proportionate Shares (or, as appropriate, their Security 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 Lender Bank receiving or recovering the Excess Amount to the person to whom that Lender Bank is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 11.16.3 shall apply only to the retained amount.

Appears in 1 contract

Samples: Loan Agreement (Stolt Nielsen S A)

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 Lenders which have received any part of that Excess Amount by way LONLIVE\24155284.5 Page 42 00-00-00000\Draft(4)\29 March 2016 of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) 15.22 shall repay to the Agent for the account of the Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 15.22.3 shall apply only to the retained amount.

Appears in 1 contract

Samples: Secured Term Loan Facility Agreement (Teekay LNG Partners L.P.)

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