Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 273 contracts
Samples: Agreement (Diana Containerships Inc.), Agreement (Hillenbrand, Inc.), Facilities Agreement (Molson Coors Brewing Co)
Clawback. (a) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 68 contracts
Samples: Term Facilities Agreement (Xstrata PLC), Agreement (GDS Holdings LTD), Assignment Agreement (Ardmore Shipping Corp)
Clawback. (a) Where a sum is to be paid to the Agent or the Security Agent under the Finance Documents for another Party, the Agent or, as the case may be, the Security Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 20 contracts
Samples: Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for distribution to another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 14 contracts
Samples: Senior Secured Credit Facility Agreement, Senior Secured Credit Facility Agreement, Credit Facility Agreement (Seadrill Partners LLC)
Clawback. (aA) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 14 contracts
Samples: Facility Agreement (Kosmos Energy Ltd.), Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)
Clawback. (a) 30.4.1 Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 11 contracts
Samples: Assignment Agreement (Enstar Group LTD), Agreement (Hoegh LNG Partners LP), Agreement (Hoegh LNG Partners LP)
Clawback. (a) Where a sum is to be paid to the Agent or the Security Trustee under the Finance Documents for another Party, the Agent or, as the case may be, the Security Trustee is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 10 contracts
Samples: Restatement Agreement (Las Vegas Sands Corp), Agreement (Las Vegas Sands Corp), Agreement (Las Vegas Sands Corp)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum. However, it may do so if it wishes.
Appears in 9 contracts
Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 9 contracts
Samples: Assignment Agreement (NORDIC AMERICAN TANKERS LTD), Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Clawback. (a) Where a sum is to be paid to the Facility Agent or the Security Agent under the Finance Documents for another Party, the Facility Agent or, as the case may be, the Security Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 8 contracts
Samples: Agreement (Advanced Micro Devices Inc), Facilities Agreement (ShangPharma Corp), Consent and Agreement (Harry Winston Diamond Corp)
Clawback. (a) Where a sum is to be paid to the a Transaction Agent under the Finance Documents for another Party, the that Transaction Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 6 contracts
Samples: Agreement, Facility Agreement (Golden Meditech Holdings LTD), Agreement (Opto Circuits (India) LTD)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the that Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 6 contracts
Samples: Agreement (BHP Billiton PLC), Facility and Subscription Agreement (BHP Billiton PLC), Agreement (BHP Billiton LTD)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for distribution to another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 6 contracts
Samples: Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Assignment Agreement (Helix Energy Solutions Group Inc)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the such Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its absolute satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Syndicated Revolving Credit Agreement (Ibasis Inc), Credit Agreement (Koninklijke KPN N V), Credit Agreement (Koninklijke KPN N V)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Fundamental Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Limited Liability Partnership (Arch Capital Group Ltd.), Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Credit and Reimbursement Agreement (Arch Capital Group Ltd.)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Financing Documents for another Party, the such Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its absolute satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Credit Agreement (France Telecom /), Credit Agreement (France Telecom /), Credit Agreement (France Telecom /)
Clawback. (ai) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Agreement (Kronos International Inc), Agreement (Kronos International Inc), Million Facility Agreement (Sterlite Industries (India) LTD)
Clawback. (a) Where a sum is to be paid to the Agent, the Swingline Agent or the Issuing Agent under the Finance Documents for another Party, the Agent, the Swingline Agent or the Issuing Agent (as applicable) is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC)
Clawback. (aA) Where a sum is to be paid to the Agent under the Finance Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Agreement (PCCW LTD), Agreement (PCCW LTD), Agreement (PCCW LTD)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another PartyPerson, the such Agent is not obliged to pay that sum to that other Party Person (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it actually has actually received that sum.
Appears in 3 contracts
Samples: Project Facilities Agreement (Pacific Drilling S.A.), Project Facilities Agreement (Pacific Drilling S.A.), Project Facilities Agreement (Pacific Drilling S.A.)
Clawback. (a) Where a sum is to be paid to an Agent, the Special Rate Agent or the Joint & Several Creditor under the Finance Documents for another Party, the Agent it is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Mechel OAO), Facility Agreement (Mechel OAO)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Geologistics Corp), Agreement (Concordia Bus Nordic AB)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Restated Agreement (HCC Insurance Holdings Inc/De/)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Facility Agreement (Pangaea Logistics Solutions Ltd.), Facility Agreement (Quartet Holdco Ltd.)
Clawback. (a) Where a sum is to be paid to the Facilities Agent under the Finance Documents for another Party, the Facilities Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Carnival PLC), Facilities Agreement (Carnival PLC)
Clawback. (a) Where a sum is to be paid to the Agent under the Senior Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Facility Agreement (Inmarsat Holdings LTD), Agreement (Inmarsat Launch CO LTD)
Clawback. (a) Where a sum is to be paid to the Paying Agent under the Finance Documents for another Party, the Paying Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Facility Agreement (Spansion Inc.), Hanarotelecom Inc
Clawback. (a) Where a)Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Kronos International Inc), Agreement (Kronos International Inc)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Facility Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Facility Agreement (Cascal B.V.), Agreement (Cascal B.V.)
Clawback. (a) Where a sum is to be paid to the Security Agent under the Finance Documents for distribution to another Party, the Security Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Common Terms Agreement (Seadrill Partners LLC), Common Terms Agreement (Seadrill Partners LLC)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Security Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Agreement (Teekay LNG Partners L.P.)
Clawback. (a) Where a sum is to be paid to the relevant Agent under the Finance Documents for another Party, the relevant Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Facilities Agreement (International Textile Group Inc)
Clawback. (aA) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Assignment Agreement (Shire PLC)
Clawback. (a) Where a sum is to be paid to the Facility Agent under the Finance Documents this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the a Transaction Agent under the Finance Documents for another Party or Secured Party, the that Transaction Agent is not obliged to pay that sum to that other Party or Secured Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Facility Agent under the Finance Financing Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Facility Agreement (Gold Fields LTD)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the that Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.. 108
Appears in 1 contract
Samples: Facilities Agreement (3SBio Inc.)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its reasonable satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Transaction Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum. However, the Agent may assume that the sum has been paid to it, and, in reliance on that assumption, make available to that Party a corresponding amount.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to in pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Sesa Sterlite LTD
Clawback. (a) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its absolute satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Agent or the Security Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Agent Agents under the Finance Documents for another Party, the Agent is Agents are not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has they have been able to establish to its their satisfaction that it has they have actually received that sum.
Appears in 1 contract
Samples: Facility Agreement (TRM Corp)
Clawback. (aC) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Facility Agent under the Finance Documents for another PartyParty or to any other entity, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Agreement (Mobile Telesystems Ojsc)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract