Settlement Conditional. Any settlement or discharge between a Lender and the Fronting Bank shall be conditional upon no security or payment to the Fronting Bank by a Lender or any other person on behalf of a Lender being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, the Fronting Bank shall be entitled to recover the value or amount of such security or payment from such Lender subsequently as if such settlement or discharge had not occurred.
Appears in 5 contracts
Samples: Third Amendment Agreement (Kronos International Inc), Fifth Amendment Agreement (Kronos International Inc), Third Amendment Agreement (Kronos International Inc)
Settlement Conditional. Any settlement or discharge between a Lender the relevant Borrower and the Fronting Bank or a Lender shall be conditional upon no security or payment to the Fronting Bank or Lender by a Lender the Borrower, or any other person on behalf of a Lender the Borrower, being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, the Fronting Bank or Lender shall be entitled to recover the value or amount of such security or payment from such Lender the Borrower subsequently as if such settlement or discharge had not occurred.
Appears in 4 contracts
Samples: Third Amendment Agreement (Kronos International Inc), Fifth Amendment Agreement (Kronos International Inc), Third Amendment Agreement (Kronos International Inc)
Settlement Conditional. Any settlement or discharge between a Lender and the Fronting Bank shall be conditional upon no security or payment to the Fronting Bank by a Lender or any other person on behalf of a Lender being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general general application and, if any such security or payment is so avoided or reduced, the Fronting Bank shall be entitled to recover the value or amount of such security security or payment from such Lender subsequently as if such settlement or discharge discharge had not occurred.
Appears in 2 contracts
Samples: Facility Agreement (Kronos International Inc), Facility Agreement (Kronos International Inc)
Settlement Conditional. Any settlement or discharge between a Lender Bank and the a Fronting Bank shall be conditional upon no security or payment to the any Fronting Bank by a Lender Bank or any other person on behalf of a Lender Bank being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, the such Fronting Bank shall be entitled to recover the value or amount of such security or payment from such Lender Bank subsequently as if such settlement or discharge had not occurred.
Appears in 1 contract
Samples: Loan Agreement (Getronics N V)
Settlement Conditional. Any settlement or discharge between a Lender and the a Fronting Bank shall be conditional upon no security or payment to the any Fronting Bank by a Lender or any other person on behalf of a Lender being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, the such Fronting Bank shall be entitled to recover the value or amount of such security or payment from such Lender subsequently as if such settlement or discharge had not occurred.
Appears in 1 contract
Samples: Senior Facilities Agreement (Messer Griesheim Holding Ag)
Settlement Conditional. Any settlement or discharge between a Lender and the a Fronting Bank shall be conditional upon no security or payment to the a Fronting Bank by a Lender or any other person on behalf of a Lender being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, the a Fronting Bank shall be entitled to recover the value or amount of such security or payment from such Lender subsequently as if such settlement or discharge had not occurred.
Appears in 1 contract