Common use of EXCEPTIONS TO SHARING OF RECOVERIES Clause in Contracts

EXCEPTIONS TO SHARING OF RECOVERIES. Notwithstanding the foregoing provisions of this clause 22.1, no Recovering Lender will be obliged to share any Recovery which it receives as a result of legal proceedings taken by it to recover any amounts owing to it under the Senior Finance Documents with any other party which has a legal right to, but does not, either join in those proceedings or commence and diligently pursue separate proceedings to enforce its rights in the same or another court (unless the proceedings instituted by the Recovering Lender are instituted by it without prior notice having been given to that other party through the Facility Agent).

Appears in 2 contracts

Samples: Facilities Agreement (Ugi Corp /Pa/), Facilities Agreement (Ugi Corp /Pa/)

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EXCEPTIONS TO SHARING OF RECOVERIES. Notwithstanding the foregoing provisions of this clause 22.130.1, no Recovering Lender will be obliged to share any Recovery which it receives as a result of legal proceedings taken by it to recover any amounts owing to it under the Senior Finance Documents with any other party which has a legal right to, but does not, either join in those proceedings or commence and diligently pursue separate proceedings to enforce its rights in the same or another court (unless the proceedings instituted by the Recovering Lender are instituted by it without prior notice having been given to that other party through the Facility Agent).

Appears in 1 contract

Samples: Credit Agreement (Delta I Acquisition Inc)

EXCEPTIONS TO SHARING OF RECOVERIES. Notwithstanding the foregoing provisions of this clause 22.123, no Recovering Lender will be obliged to share any Recovery which it receives as a result of legal proceedings taken by it to recover any amounts owing to it under the Senior Finance Documents with any other party which has a legal right to, but does not, either join in those proceedings or commence and diligently pursue separate proceedings to enforce its rights in the same or another court (unless the proceedings instituted by the Recovering Lender are instituted by it without prior notice having been given to that other party through the Facility Agent).. 125

Appears in 1 contract

Samples: Credit Agreement (Fimep Sa)

EXCEPTIONS TO SHARING OF RECOVERIES. Notwithstanding the foregoing provisions of this clause 22.115, no Recovering Lender will be obliged to share any Senior Recovery which it receives as a result of legal proceedings taken by it to recover any amounts owing to it under the Senior Finance Documents with any other party which has a legal right to, but does not, either join in those proceedings or commence and diligently pursue separate proceedings to enforce its rights in the same or another court (unless the proceedings instituted by the Recovering Lender are instituted by it without prior notice having been given to that other party through the Facility Agent).

Appears in 1 contract

Samples: Agreement (Ugi Corp /Pa/)

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EXCEPTIONS TO SHARING OF RECOVERIES. Notwithstanding the foregoing provisions of this clause 22.123, no Recovering Lender will be obliged to share any Recovery which it receives as a result of legal proceedings taken by it to recover any amounts owing to it under the Senior Finance Documents with any other party which has a legal right to, but does not, either join in those proceedings or commence and diligently pursue separate proceedings to enforce its rights in the same or another court (unless the proceedings instituted by the Recovering Lender are instituted by it without prior notice having been given to that other party through the Facility Agent).

Appears in 1 contract

Samples: Credit Agreement (Ocallaghan Barry)

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