Common use of Returned Amounts Clause in Contracts

Returned Amounts. If at any time the Collateral Agent or any Secured Creditor shall be required to restore or return, or if such party (with the consent of the Required Creditors) restores or returns in good faith settlement of pending or threatened avoidance claims, to the Company or any other Person other than to another Secured Creditor any Distributions made on or after the Effective Date or any portion thereof, whether by reason of the insolvency, reorganization or other similar event in respect of the Company or such Person or otherwise (a "RETURNED AMOUNT"), then, (i) the Collateral Agent shall promptly give notice of the Returned Amount to each Secured Creditor, and (ii) each of the Secured Creditors shall promptly transfer to the Collateral Agent (for reimbursement to the Collateral Agent or such Secured Creditor, as the case may be) such amounts as are necessary such that each Secured Creditor shall have received and retained the amount it would have received under SECTION 15(b) had the Returned Amount not previously been distributed (its "RETURNED AMOUNT SHARE"). If any Secured Creditor (a "NON-RETURNING SECURED CREDITOR") fails to tender payment of its Returned Amount Share, then the Collateral Agent is hereby expressly granted the right thereafter to, and shall, withhold from any Distributions (including, without limitation, Collateral Proceeds) otherwise payable to such Non-Returning Secured Creditor an amount equal to its Returned Amount Share remaining unpaid at such time of receipt of such Distributions (including, without limitation, Collateral Proceeds) and apply such amount withheld in satisfaction of such Returned Amount Share. The Collateral Agent shall also have the right to collect from such Non-Returning Secured Creditor, and/or withhold from any Distributions to otherwise be made to such Non-Returning Secured Creditor, the Collateral Agent's reasonable costs and expenses incurred in collecting such Non-Returning Secured Creditor's Returned Amount Share, plus interest on any unpaid portion of such Returned Amount Share at the federal judgment rate from the date the Collateral Agent first requested payment of such Returned Amount Share. The agreements in this SECTION 15(c) shall survive the payment of the Bank Loans and the Notes, and the termination of the Debt Documents and this Agreement.

Returned Amounts. If at any time the Collateral Agent, the Agent or any Secured Creditor Party shall be required to restore or return, or if such party (with the consent of the Required CreditorsSecured Parties) restores or returns in good faith settlement of pending or threatened avoidance claims, to the Company Borrower or any other Person other than to another Secured Creditor Party any Distributions made on or after the Effective Date or any portion thereof, whether by reason of the insolvency, reorganization or other similar event in respect of the Company Borrower or such Person or otherwise (a "RETURNED AMOUNTReturned Amount"), then, (i) the Collateral Agent shall promptly give notice of the Returned Amount to each Secured CreditorParty, and (ii) each of the Secured Creditors Parties shall promptly transfer to the Collateral Agent (for reimbursement to the Collateral Agent or such Secured CreditorParty, as the case may be) such amounts as are necessary such that each Secured Creditor Party shall have received and retained the amount it would have received under SECTION 15(bSection 3.4(b) had the Returned Amount not previously been distributed (its "RETURNED AMOUNT SHAREReturned Amount Share"). If any Secured Creditor Party (a "NONNon-RETURNING SECURED CREDITORReturning Secured Party") fails to tender payment of its Returned Amount Share, then the Collateral Agent is hereby expressly granted the right thereafter to, and shall, withhold from any Distributions (including, without limitation, Collateral Proceeds) otherwise payable to such Non-Returning Secured Creditor Party an amount equal to its Returned Amount Share remaining unpaid at such time of receipt of such Distributions (including, without limitation, Collateral Proceeds) and apply such amount withheld in satisfaction of such Returned Amount Share. The Collateral Agent shall also have the right to collect from such Non-Returning Secured CreditorParty, and/or withhold from any Distributions to otherwise be made to such Non-Returning Secured CreditorParty, the Collateral Agent's reasonable costs and expenses incurred in collecting such Non-Returning Secured CreditorParty's Returned Amount Share, plus interest on any unpaid portion of such Returned Amount Share at the federal judgment rate from the date the Collateral Agent first requested payment of such Returned Amount Share. The agreements in this SECTION 15(cSection 3.4(c) shall survive the payment of the Bank Loans and the Notes, Outstanding Senior Indebtedness and the termination of the Debt Security Instruments the other Transaction Documents and this Agreement.

Returned Amounts. If at any time the Collateral Agent or any Secured Creditor shall be required to restore or return, or if such party (with the consent of the Required Creditors) restores or returns in good faith settlement of pending or threatened avoidance claims, to the Company or any other Person other than to another Secured Creditor any Distributions made on or after the Effective Date or any portion thereof, whether by reason of the insolvency, reorganization or other similar event in respect of the Company or such Person or otherwise (a "RETURNED AMOUNT"), then, (i) the Collateral Agent shall promptly give notice of the Returned Amount to each Secured Creditor, and (ii) each of the Secured Creditors shall promptly transfer to the Collateral Agent (for reimbursement to the Collateral Agent or such Secured Creditor, as the case may be) such amounts as are necessary such that each Secured Creditor shall have received and retained the amount it would have received under SECTION 15(b14(b) had the Returned Amount not previously been distributed (its "RETURNED AMOUNT SHARE"). If any Secured Creditor (a "NON-RETURNING SECURED CREDITOR") fails to tender payment of its Returned Amount Share, then the Collateral Agent is hereby expressly granted the right thereafter to, and shall, withhold from any Distributions (including, without limitation, Collateral Proceeds) otherwise payable to such Non-Returning Secured Creditor an amount equal to its Returned Amount Share remaining unpaid at such time of receipt of such Distributions (including, without limitation, Collateral Proceeds) and apply such amount withheld in satisfaction of such Returned Amount Share. The Collateral Agent shall also have the right to collect from such Non-Returning Secured Creditor, and/or withhold from any Distributions to otherwise be made to such Non-Returning Secured Creditor, the Collateral Agent's reasonable costs and expenses incurred in collecting such Non-Returning Secured Creditor's Returned Amount Share, plus interest on any unpaid portion of such Returned Amount Share at the federal judgment rate from the date the Collateral Agent first requested payment of such Returned Amount Share. The agreements in this SECTION 15(c14(c) shall survive the payment of the Bank Loans Loans, Secured Lease Obligations and the Notes, Notes and the termination of the Security Instruments, the Debt Documents and this Agreement.

Returned Amounts. If at any time the Collateral Agent or any Secured Creditor shall be required to restore or return, or if such party (with the consent of the Required Creditors) restores or returns in good faith settlement of pending or threatened avoidance claims, to the Company Borrower or any other Person other than to another Secured Creditor any Distributions made on or after the Effective Date or any portion thereof, whether by reason of the insolvency, reorganization or other similar event in respect of the Company Borrower or such Person or otherwise (a "RETURNED AMOUNTReturned Amount"), then, (i) the Collateral Agent shall promptly give notice of the Returned Amount to each Secured Creditor, and (ii) each of the Secured Creditors shall promptly transfer to the Collateral Agent (for reimbursement to the Collateral Agent or such Secured Creditor, as the case may be) such amounts as are necessary such that each Secured Creditor shall have received and retained the amount it would have received under SECTION Section 15(b) had the Returned Amount not previously been distributed (its "RETURNED AMOUNT SHAREReturned Amount Share"). If any Secured Creditor (a "NONNon-RETURNING SECURED CREDITORReturning Secured Creditor") fails to tender payment of its Returned Amount Share, then the Collateral Agent is hereby expressly granted the right thereafter to, and shall, withhold from any Distributions (including, without limitation, Collateral Proceeds) otherwise payable to such Non-Returning Secured Creditor an amount equal to its Returned Amount Share remaining unpaid at such time of receipt of such Distributions (including, without limitation, Collateral Proceeds) and apply such amount withheld in satisfaction of such Returned Amount Share. The Collateral Agent shall also have the right to collect from such Non-Returning Secured Creditor, and/or withhold from any Distributions to otherwise be made to such Non-Returning Secured Creditor, the Collateral Agent's reasonable costs and expenses incurred in collecting such Non-Returning Secured Creditor's Returned Amount Share, plus interest on any unpaid portion of such Returned Amount Share at the federal judgment rate from the date the Collateral Agent first requested payment of such Returned Amount Share. The agreements in this SECTION Section 15(c)) shall survive the payment of the Bank Loans and the Notes, Notes and the termination of the Security Instruments, the Debt Documents and this Agreement.