Common use of Third Parties Act Clause in Contracts

Third Parties Act. (a) Each Indemnified Person may rely on the terms of clause 15.5 (Indemnity concerning security) and clauses 13 (Tax gross-up and indemnities) and 15.8 (Interest) insofar as it relates to interest on or the calculation of any amount demanded by that Indemnified Person under clause 15.5 (Indemnity concerning security), subject to clause 1.4 (Third party rights) and the provisions of the Third Parties Act. (b) Where an Indemnified Person (other than a Finance Party) (the Relevant Beneficiary) who is: (i) appointed by a Finance Party under the Finance Documents; (ii) an Affiliate of any such person or that Finance Party; or (iii) an officer, director, employee, adviser, representative or agent of any of the above persons or that Finance Party, is entitled to receive any amount (a Third Party Claim) under any of the provisions referred to in paragraph (a) above: (A) the Borrower shall (or shall procure that another Obligor will) at the same time as the relevant Third Party Claim is due to the Relevant Beneficiary pay to that Finance Party a sum in the amount of that Third Party Claim; (B) payment of such sum to that Finance Party shall, to the extent of that payment, satisfy the corresponding obligations of the Borrower to pay the Third Party Claim to the Relevant Beneficiary; and (C) if the Borrower pays the Third Party Claim direct to the Relevant Beneficiary, such payment shall, to the extent of that payment, satisfy the corresponding obligations of the Borrower to that Finance Party under sub- paragraph (A) above.

Appears in 1 contract

Samples: Facility Agreement

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Third Parties Act. (a) Each Indemnified Person may rely on the terms of clause 15.5 (Indemnity concerning security) and clauses 13 (Tax gross-up and indemnities) and 15.8 (Interest) insofar as it relates to interest on or the calculation of any amount demanded by that Indemnified Person under clause 15.5 (Indemnity concerning security), subject to clause 1.4 (Third party rights) and the provisions of the Third Parties Act. (b) Where an Indemnified Person (other than a Finance Party) (the Relevant Beneficiary) who is: (i) appointed by a Finance Party under the Finance Documents; (ii) an Affiliate of any such person or that Finance Party; or (iii) an officer, director, employee, adviser, representative or agent of any of the above persons or that Finance Party, is entitled to receive any amount (a Third Party Claim) under any of the provisions referred to in paragraph (a) above: (A) the Borrower shall (or shall procure that another Obligor will) at the same time as the relevant Third Party Claim is due to the Relevant Beneficiary pay to that Finance Party a sum in the amount of that Third Party Claim; (B) payment of such sum to that Finance Party shall, to the extent of that payment, satisfy the corresponding obligations of the Borrower to pay the Third Party Claim to the Relevant Beneficiary; and (C) if the Borrower pays the Third Party Claim direct to the Relevant Beneficiary, such payment shall, to the extent of that payment, satisfy the corresponding obligations of the Borrower to that Finance Party under sub- sub-paragraph (A) above.

Appears in 1 contract

Samples: Facility Agreement (Danaos Corp)

Third Parties Act. (a) Each Indemnified Person may rely on the terms of clause 15.5 (Indemnity concerning security) and clauses 13 (Tax gross-up and indemnities) and 15.8 (Interest) insofar as it relates to interest on or the calculation of any amount demanded by that Indemnified Person under clause 15.5 (Indemnity concerning security), subject to clause 1.4 (Third party rights) and the provisions of the Third Parties Act. (b) Where an Indemnified Person (other than a Finance Partythe Lender) (the Relevant Beneficiary) who is: (i) appointed by a Finance Party the Lender under the Finance Documents; (ii) an Affiliate of any such person or that Finance Partythe Lender; or (iii) an officer, director, employee, adviser, representative or agent of any of the above persons or that Finance Partythe Lender, is entitled to receive any amount (a Third Party Claim) under any of the provisions referred to in paragraph (a) above: (A) the Borrower shall (or shall procure that another Obligor will) at the same time as the relevant Third Party Claim is due to the Relevant Beneficiary pay to that Finance Party the Lender a sum in the amount of that Third Party Claim; (B) payment of such sum to that Finance Party the Lender shall, to the extent of that payment, satisfy the corresponding obligations of the Borrower to pay the Third Party Claim to the Relevant Beneficiary; and (C) if the Borrower pays the Third Party Claim direct to the Relevant Beneficiary, such payment shall, to the extent of that payment, satisfy the corresponding obligations of the Borrower to that Finance Party the Lender under sub- sub-paragraph (A) above.

Appears in 1 contract

Samples: Facility Agreement (Danaos Corp)

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Third Parties Act. (a) Each Indemnified Person may rely on the terms of clause 15.5 15.4 (Indemnity concerning security) and clauses 13 (Tax gross-up and indemnities) and 15.8 15.6 (Interest) insofar as it relates to interest on on, or the calculation of of, any amount demanded by that Indemnified Person under clause 15.5 15.4 (Indemnity concerning security), subject to clause 1.4 (Third party rights) and the provisions of the Third Parties Act. (b) Where an Indemnified Person (other than a Finance Party) (the Relevant Beneficiary) who is: (i) appointed by a Finance Party under the Finance Documents; (ii) an Affiliate of any such person or that Finance Party; or (iii) an officer, director, employee, adviser, representative or agent of any of the above persons or that Finance Party, is entitled to receive any amount (a Third Party Claim) under any of the provisions referred to in paragraph (a) above: (A) the Borrower shall (or shall procure that another Obligor will) at the same time as the relevant Third Party Claim is due to the Relevant Beneficiary pay to that Finance Party a sum in the amount of that Third Party Claim; (B) payment of such sum to that Finance Party shall, to the extent of that payment, satisfy the corresponding obligations of the Borrower to pay the Third Party Claim to the Relevant Beneficiary; and (C) if the Borrower pays the Third Party Claim direct to the Relevant Beneficiary, such payment shall, to the extent of that payment, satisfy the corresponding obligations of the Borrower to that Finance Party under sub- sub-paragraph (A) above.

Appears in 1 contract

Samples: Facility Agreement (Hoegh LNG Partners LP)

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