Unwinding. Any appropriation or distribution which later transpires to have been or is agreed by the Security Agent to have been invalid or which has to be refunded shall be refunded and shall be deemed never to have been made.
Appears in 36 contracts
Samples: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)
Unwinding. Any appropriation or distribution which later transpires to have been or is agreed by the Security Agent to have been invalid or which has to be refunded shall be refunded and shall be deemed never to have been made.
Appears in 4 contracts
Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Unwinding. Any appropriation or distribution which later transpires to have been been, or is agreed by the Security Agent Trustee to have been invalid been, invalid, or which has to be refunded refunded, shall be refunded and shall be deemed never to have been made.
Appears in 2 contracts
Samples: Intercreditor and Security Trust Agreement (Waterford Wedgwood PLC), Intercreditor and Security Trust Agreement (Waterford Wedgwood PLC)
Unwinding. Any appropriation or distribution which later transpires to have been or is agreed by the Security Agent Trustee to have been invalid or which has to be refunded shall be refunded and shall be deemed never to have been made.
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Term Loan Facility Agreement (Vantage Drilling CO)
Unwinding. Any appropriation or distribution which later transpires to have been or is agreed by the Security Agent or the Joint & Several Creditor (as the case may be) to have been invalid or which has to be refunded shall be refunded and shall be deemed never to have been made.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO)
Unwinding. Any appropriation or distribution which later transpires to have been been, or is agreed by the Security Agent Trustee to have been invalid been, invalid, or which has to be refunded refunded, shall be refunded and shall be deemed never to have been mademade provided that the Security Trustee shall be under no obligation to make such repayment or refund unless it has first received the requisite amount from the recipient of such invalid or refundable appropriation or distribution.
Appears in 2 contracts
Samples: Security Trust Deed (Constar International Inc), Security Trust Deed (Constar International Inc)
Unwinding. Any appropriation or distribution which that later transpires to have been been, or is agreed by the Security Agent Trustee to have been invalid been, invalid, or which that has to be refunded refunded, shall be refunded to the Security Trustee (in the case of a distribution) and shall be deemed never to have been made.
Appears in 1 contract
Samples: Credit Agreement (Bioreliance Corp)
Unwinding. Any appropriation or distribution distribution, which later transpires to have been been, or is agreed by the Security Agent to have been invalid been, invalid, or which has to be refunded refunded, shall be refunded and shall be deemed never to have been made.
Appears in 1 contract
Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)
Unwinding. Any appropriation or distribution which later transpires to have been been, or is agreed determined by the Security Agent Trustee to have been, invalid shall be deemed never to have been invalid or made (to the extent that such appropriation is unwound) and any distribution which has to be refunded shall be refunded and shall be deemed never to have been made.
Appears in 1 contract
Samples: Security Trust Deed
