Sharing. If any Lender obtains any amount - whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights under Section 8.5 - that exceeds the portion of that amount it is otherwise entitled under the Loan Documents to receive, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section may, to the extent lawful, exercise all of its rights of payment (including the right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower in the amount of that participation.
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Samples: Warehousing Credit and Security Agreement (Centerline Holding Co)
Sharing. If any Lender obtains any amount - (whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights Rights under Section 8.5 - 10.3) that exceeds the portion of that amount to which it is otherwise entitled under the Loan Documents to receiveCredit Documents, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Credit Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price is restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section section may, to the extent lawful, exercise all of its rights Rights of payment (including the right Right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower Co-Borrowers in the amount of that participation.. Credit Agreement
Appears in 1 contract
Samples: Credit Agreement (American Business Financial Services Inc /De/)
Sharing. If any Lender obtains any amount - whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights under Section 8.5 - that exceeds the portion of that amount it is otherwise entitled under the Loan Documents to receive, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section may, to the extent lawful, exercise all of its rights of payment (including the right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower Company in the amount of that participation.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Nab Asset Corp)
Sharing. If any Lender obtains any amount - -- whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights Rights under Section 8.5 - SECTION 10.3 -- that exceeds the portion of that amount it is otherwise entitled under the Loan Documents to receive, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section section may, to the extent lawful, exercise all of its rights Rights of payment (including the right Right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower in the amount of that participation.
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Sharing. If any Lender obtains any amount - (whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights Rights under Section 8.5 - 10.3) that exceeds the portion of that amount to which it is otherwise entitled under the Loan Documents to receiveCredit Documents, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Credit Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price is restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section section may, to the extent lawful, exercise all of its rights Rights of payment (including the right Right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower Co-Borrowers in the amount of that participation.
Appears in 1 contract
Samples: Credit Agreement (American Business Financial Services Inc /De/)
Sharing. If any Lender obtains any amount - amount, whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights Rights under Section 8.5 - 10.3, that exceeds the portion of that amount it is otherwise entitled under the Loan Documents to receive, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section section may, to the extent lawful, exercise all of its rights Rights of payment (including the right Right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower either Company in the amount of that participation.
Appears in 1 contract
Sharing. If any Lender obtains any amount - whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights under Section 8.5 - that exceeds the portion of that amount it is otherwise entitled under the Loan Documents to receive, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's ’s sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section may, to the extent lawful, exercise all of its rights of payment (including the right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower Company in the amount of that participation.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Sirva Inc)
Sharing. If any Lender obtains any amount - (whether voluntary, ------- involuntary, or otherwise, including, without limitation, as a result of exercising its rights Rights under Section 8.5 - 10.3) that exceeds the portion of that amount it is otherwise entitled under the Loan Documents to receive, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section section may, to the extent lawful, exercise all of its rights Rights of payment (including the right Right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower in the amount of that participation.
Appears in 1 contract
Samples: Credit Agreement (Pioneer Commercial Funding Corp /Ny/)
Sharing. If any Lender obtains any amount - -- whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights Rights under Section 8.5 - 10.3 -- that exceeds the portion of that amount it is otherwise entitled under the Loan Documents Papers to receive, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan DocumentsPapers. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section section may, to the extent lawful, exercise all of its rights Rights of payment (including the right Right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower either Company in the amount of that participation.
Appears in 1 contract
Sharing. If any Lender obtains any amount - from collateral in its possession as security for or related to the Borrower's obligations under the Loan Documents, whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights Rights under Section 8.5 - 10.3, that exceeds the portion of that amount it is otherwise entitled under the Loan Documents to receive, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section section may, to the extent lawful, exercise all of its rights Rights of payment (including the right Right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower in the amount of that participation.
Appears in 1 contract
Samples: Loan Agreement (Matrix Bancorp Inc)
Sharing. If any Lender obtains any amount - amount, whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights Rights under Section 8.5 - SECTION 10.3, that exceeds the portion of that amount to w1iich it is otherwise entitled under the Loan Documents to receiveCredit Documents, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Credit Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price is restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section section may, to the extent lawful, exercise all of its rights Rights of payment (including the right Right of offset) with respect to that participation as fully as if that Lender were was the direct creditor of Borrower in the amount of that participation.
Appears in 1 contract
Samples: Credit Agreement (Cfi Mortgage Inc)
Sharing. If any Lender obtains any amount - (whether voluntary, involuntary, or otherwise, including, without limitation, as a result of exercising its rights Rights under Section 8.5 - SECTION 10.3) that exceeds the portion of that amount it is otherwise entitled under the Loan Documents to receive, then that Lender shall purchase from the other Lenders participations that result in the purchasing Lender's sharing the excess amount ratably with each Lender in accordance with the portion it is entitled to receive under the Loan Documents. If all or any of that excess amount is subsequently recovered from that purchasing Lender, then the purchase of participations in it is automatically rescinded and the purchase price restored to that purchasing Lender to the extent of the recovery. Any Lender purchasing a participation from another Lender under this Section section may, to the extent lawful, exercise all of its rights Rights of payment (including the right Right of offset) with respect to that participation as fully as if that Lender were the direct creditor of Borrower in the amount of that participation.
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