Exceptions. (a) This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 56 contracts
Samples: Second Supplemental Agreement (KNOT Offshore Partners LP), Facilities Agreement (Xstrata PLC), Facilities Agreement (Xstrata PLC)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 48 contracts
Samples: Syndicated Facility Agreement (Equinix Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 37 contracts
Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Term Facilities Agreement (Xstrata PLC), Agreement (Iridium Communications Inc.)
Exceptions. (a) This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 35 contracts
Samples: Amendment and Restatement Agreement (Liberty Global PLC), Intercreditor Agreement (Melco Crown Entertainment LTD), Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD)
Exceptions. (a) This Clause 28 32 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 23 contracts
Samples: Possession Credit Agreement (Eagle Bulk Shipping Inc.), Credit Agreement (Eagle Bulk Shipping Inc.), Facility Agreement (Eagle Bulk Shipping Inc.)
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 23 contracts
Samples: Credit Facilities Agreement, Agreement (Groupe Eurotunnel SA), Agreement (Signet Jewelers LTD)
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 19 contracts
Samples: Agreement (Lafarge), Agreement (Mobile Telesystems Ojsc), Credit Facility Agreement (Sap Ag)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 27, have a valid and enforceable claim against the relevant Obligor.
Appears in 16 contracts
Samples: Credit Facilities Agreement (Gold Fields LTD), Facilities Agreement (Cemex Sab De Cv), Facility Agreement (Gold Fields LTD)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 15 contracts
Samples: Agreement (Bunge LTD), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 12 contracts
Samples: Amendment and Restatement Agreement (Ferguson PLC), Agreement (Nordic Telephone CO ApS), Assignment Agreement (Smurfit WestRock LTD)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 29, have a valid and enforceable claim against the relevant Obligor.
Appears in 11 contracts
Samples: Amendment and Restatement Agreement (Markit Ltd.), Igt Senior Facilities Agreement (International Game Technology PLC), And Restatement Agreement (Seadrill Partners LLC)
Exceptions. (a) This Clause 28 33 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 10 contracts
Samples: Law (Pernod Ricard S a /Fi), Cascal Facility Agreement (Cascal N.V.), Agreement (Carnival PLC)
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 31, have a valid and enforceable claim against the relevant Obligor.
Appears in 10 contracts
Samples: Senior Secured Credit Facility Agreement, Senior Secured Credit Facility Agreement, Senior Term Facilities Agreement (NeoGames S.A.)
Exceptions. (a) 22.5.1 This Clause 28 22 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 10 contracts
Samples: Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.)
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 10 contracts
Samples: Agreement (Anthracite Capital Inc), Agreement (Aluminum Corp of China), Facility Agreement (Ozon Holdings PLC)
Exceptions. (a) This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 28, have a valid and enforceable claim against the relevant Obligor.
Appears in 9 contracts
Samples: Facility Agreement (Avis Budget Group, Inc.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Exceptions. (a) This Clause 28 33 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 7 contracts
Samples: Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.)
Exceptions. (a) This Clause 28 35 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the Parent or the relevant Obligor.
Appears in 7 contracts
Samples: Lease Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Exceptions. (a) This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 30, have a valid and enforceable claim against the relevant Obligor.
Appears in 7 contracts
Samples: Facility Agreement (IHS Holding LTD), Facility Agreement (Luxottica Group Spa), Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)
Exceptions. (a) 28.5.1 This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 7 contracts
Samples: Facilities Agreement (Equinix Inc), Agreement (Marconi Corp PLC), Bridge Facility Agreement (Luxottica Group Spa)
Exceptions. (a) This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 7 contracts
Samples: Agreement (Sap France S.A.), Agreement (Lafarge), Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)
Exceptions. (a) 29.5.1 This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 7 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Facility Agreement (Sibanye Gold LTD), Revolving Credit Facility Agreement (Sibanye Stillwater LTD)
Exceptions. (a) This Clause 28 32 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 6 contracts
Samples: Junior Facility Agreement (Global Ship Lease, Inc.), Facility Agreement (Navios Maritime Partners L.P.), Assignment Agreement (Global Ship Lease, Inc.)
Exceptions. (a) 29.5.1 This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 6 contracts
Samples: Facility Agreement (Hoegh LNG Partners LP), Agreement (Hoegh LNG Partners LP), Agreement (Hoegh LNG Partners LP)
Exceptions. (a) 28.5.1 This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorSecurity Party.
Appears in 6 contracts
Samples: Loan Agreement (Diana Containerships Inc.), Fourth Supplemental Agreement (TORM PLC), Fourth Supplemental Agreement (TORM PLC)
Exceptions. (a) This Clause 28 32 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 6 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Exceptions. (a) This Clause 28 29 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 6 contracts
Samples: Agreement (KNOT Offshore Partners LP), Agreement (DHT Holdings, Inc.), Agreement (DHT Holdings, Inc.)
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 26, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 5 contracts
Samples: Agreement (Diodes Inc /Del/), Facility Agreement (Spansion Inc.), Second Amendment and Restatement Agreement (Gulfmark Offshore Inc)
Exceptions. (a) This Clause 28 clause 33 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Exceptions. (a) This Clause 28 37 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Agreement (Buhrmann Nv), Senior Facilities Agreement (Corporate Express N.V.), Senior Facilities Agreement (Moore Labels Inc)
Exceptions. (a) This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligor Party.
Appears in 5 contracts
Samples: Agreement (GDS Holdings LTD), Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Exceptions. (a) This Clause clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Agreement, Agreement (Opto Circuits (India) LTD), Agreement
Exceptions. (a) 36.5.1 This Clause 28 clause 36 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Quintana Shipping Ltd.), Navigator Holdings Ltd.
Exceptions. (a) This Clause 28 34 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 5 contracts
Samples: Facility Agreement (United Maritime Corp), Facility Agreement (United Maritime Corp), Facility Agreement (Globus Maritime LTD)
Exceptions. (a) This Clause 28 39 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)
Exceptions. (a) 34.5.1 This Clause 28 34 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Facilities Agreement (Shire Ltd.), Agreement (Shire PLC), Agreement (Shuttle Corp)
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 4 contracts
Samples: Facility Agreement (Golden Meditech Holdings LTD), Amendment and Restatement Agreement (Visteon Corp), Facility Agreement (AstraZeneca Biopharmaceuticals Inc.)
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 26, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: Facility Agreement (Mechel OAO), Agreement (Mechel OAO), Facility Agreement (Wimm Bill Dann Foods Ojsc)
Exceptions. (a) This Clause 28 36 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: Facilities Agreement (Manchester United Ltd.), Intercreditor Agreement (Manchester United PLC), Amendment and Restatement Agreement (Manchester United PLC)
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 4 contracts
Samples: Facility Agreement (Tom Online Inc), Facility Agreement (TOM Group LTD), Agreement (Alpha Beta Netherlands Holding N.V.)
Exceptions. (a) 28.5.15 This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorSecurity Party.
Appears in 4 contracts
Samples: Loan Agreement (Scorpio Bulkers Inc.), Loan Agreement (Scorpio Tankers Inc.), Scorpio Tankers Inc.
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorCompany.
Appears in 4 contracts
Samples: Facility Agreement (Alibaba Group Holding LTD), Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD)
Exceptions. (a) This Clause 28 35 shall not apply to the extent that the Recovering Relevant Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the Parent or the relevant Obligor.
Appears in 4 contracts
Samples: Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.), Agreement (Virgin Media Inc.)
Exceptions. (a) This Clause 28 clause 33 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: And Restatement Agreement (Aegean Marine Petroleum Network Inc.), And Restatement Agreement (Aegean Marine Petroleum Network Inc.), And Restatement Agreement (Aegean Marine Petroleum Network Inc.)
Exceptions. (a) 27.5.1 This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorSecurity Party.
Appears in 4 contracts
Samples: Amending and Restating Agreement (DHT Holdings, Inc.), Facility Agreement (HC2 Holdings, Inc.), Secured Loan Agreement (Genco Shipping & Trading LTD)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Creditor Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Prestige Cruises International, Inc.), Amendment and Restatement Agreement (Norwegian Cruise Line Holdings Ltd.)
Exceptions. (a) This Clause 28 35 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: Assignment Agreement (Ardmore Shipping Corp), Humber Shipco LLC (Ardmore Shipping Corp), Assignment Agreement (Dorian LPG Ltd.)
Exceptions. (a) This Clause 28 31 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 4 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Exceptions. (a) This Clause 28 27 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any the payment pursuant to this ClauseClause 27 (Sharing Among the Finance Parties), have a valid and enforceable claim (or right of proof in an administration) against the relevant Obligor.
Appears in 3 contracts
Samples: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Note Subscription Agreement (Tritium DCFC LTD), Tritium DCFC LTD
Exceptions. (a) 29.5.1 This Clause 28 clause 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant ObligorObligor in respect of such payment.
Appears in 3 contracts
Samples: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (International Shipping Enterprises, Inc.), Agreement (Navios Maritime Holdings Inc.)
Exceptions. (a) This Clause 28 34 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Intercreditor Agreement (Manchester United PLC), Senior Facilities Agreement (Central European Distribution Corp), Agreement (Telewest Global Inc)
Exceptions. (a) This Clause 28 34 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 34, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Gtech Senior Facilities Agreement (International Game Technology PLC), Facility Agreement (Orion Engineered Carbons S.a r.l.), Gtech Senior Facilities Agreement (International Game Technology PLC)
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 25, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 3 contracts
Samples: Facility Agreement (Cemex Sab De Cv), Agreement (Archstone Smith Trust), Facilities Agreement (WEIBO Corp)
Exceptions. (a) This Clause 28 32 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Assignment Agreement (Ardmore Shipping Corp), Facility Agreement (Ardmore Shipping Corp), Agreement (Ship Finance International LTD)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 3 contracts
Samples: Agreement (Bunge LTD), Facility Agreement (Western Wireless Corp), Facility Agreement (Western Wireless Corp)
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 25, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Second Amendment and Restatement Agreement (Alibaba Group Holding LTD), Assignment Agreement (Wanda Sports Group Co LTD), Assignment Agreement (Wanda Sports Group Co LTD)
Exceptions. (a) 28.5.1 This Clause clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Facilities Agreement (Hungarian Telephone & Cable Corp), Senior Facilities Agreement (Atlatsa Resources Corp), Facilities Agreement (Atlatsa Resources Corp)
Exceptions. (a) This Clause 28 27 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorSecurity Party.
Appears in 3 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.)
Exceptions. (a) 28.5.1 This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligors.
Appears in 3 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Restatement Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Lesaka Technologies Inc)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 29.5, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD)
Exceptions. (a) This Clause 28 26 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorCompany.
Appears in 3 contracts
Samples: Agreement (Nordic Telephone CO ApS), Agreement (Nordic Telephone CO ApS), Agreement (Nordic Telephone CO ApS)
Exceptions. (a) This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 3 contracts
Samples: Agreement (Bungeltd), Agreement (Bunge Global SA), Agreement (Corporate Property Associates 17 - Global INC)
Exceptions. (a) This Clause 28 30 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Agreement (Kronos Worldwide Inc), Facility Agreement (DHT Holdings, Inc.), Agreement (KNOT Offshore Partners LP)
Exceptions. (a) This Clause 28 37 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Facilities Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp)
Exceptions. (a) 27.5.1 This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligors.
Appears in 3 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Exceptions. (a) 30.5.1 This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 30, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: And Restatement Agreement (Validus Holdings LTD), Agreement (Validus Holdings LTD), Agreement (Validus Holdings LTD)
Exceptions. (a) This Clause 28 32 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 32, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Yell Finance Bv), South Texas Supply Company, Inc., South Texas Supply Company, Inc.
Exceptions. (a) This Clause 28 36 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Assignment Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp)
Exceptions. (a) This Clause 28 clause 29 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Coeur D Alene Mines Corp), Agreement (Coeur D Alene Mines Corp)
Exceptions. (a) This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligor or BHL.
Appears in 2 contracts
Samples: Agreement (Bristow Group Inc.), Search and Rescue (Bristow Group Inc.)
Exceptions. (a) This Clause 28 34 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.. 139
Appears in 2 contracts
Samples: Banks and Financial Institutions (Okeanis Eco Tankers Corp.), Banks and Financial Institutions (Okeanis Eco Tankers Corp.)
Exceptions. (a) This Clause 28 23 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 23, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Facility Agreement, ire.finanzas.gob.ec
Exceptions. (a) This Clause 28 35 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Dorian LPG Ltd.), Agreement (Dorian LPG Ltd.)
Exceptions. (aA) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 29.5, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Encore Capital Group Inc), Assignment Agreement (Encore Capital Group Inc)
Exceptions. (a) 27.5.1 This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Credit Agreement (Corporate Property Associates 16 Global Inc), Credit Agreement (Corporate Property Associates 16 Global Inc)
Exceptions. (a) This Clause 28 clause 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to under this Clauseclause, have a valid and enforceable claim (or right of proof in an administration) against the relevant Obligor.
Appears in 2 contracts
Samples: Certain Confidential Information (Metals Acquisition LTD), Certain Confidential Information (Metals Acquisition Corp)
Exceptions. (a) This Clause 28 clause 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: www.lw.com, Seadrill Partners LLC
Exceptions. (a) 30.5.1 This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Facilities Agreement (Elbit Imaging LTD), Performance Shipping Inc.
Exceptions. (a) 27.5.1 This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Promotora De Informaciones Sa /Fi), Agreement (Tim Participacoes Sa)
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorCompany.
Appears in 2 contracts
Samples: Agreement (Montpelier Re Holdings LTD), Agreement (Montpelier Re Holdings LTD)
Exceptions. (a) This Clause 28 clause 22 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Restated Agreement (HCC Insurance Holdings Inc/De/)
Exceptions. (a) This Clause 28 β32 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 2 contracts
Samples: Assignment Agreement (Seanergy Maritime Holdings Corp.), Assignment Agreement (United Maritime Corp)
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligors.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Exceptions. (a) 22.5.1 This Clause 28 22 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Agreement (HCC Insurance Holdings Inc/De/)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party (including, for these purposes pursuant to paragraph (c) below, the Hedging Counterparty) would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Consent and Agreement (Harry Winston Diamond Corp), Consent and Agreement (Harry Winston Diamond Corp)
Exceptions. (a) This Clause 28 4 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorRelevant Obligor or the Borrower.
Appears in 2 contracts
Samples: Security Trust (SinoTech Energy LTD), Security Trust (SinoTech Energy LTD)
Exceptions. (a) 39.5.1 This Clause 28 39 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Credit Agreement (Axa Financial Inc), Credit Agreement (Axa Financial Inc)
Exceptions. (a) This Clause 28 clause 35 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Assignment Agreement (DHT Holdings, Inc.), Assignment Agreement (DHT Holdings, Inc.)
Exceptions. (a) This Clause 28 31 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Kronos International Inc), Agreement (Kronos International Inc)
Exceptions. (a) 31.5.1 This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Common Terms Agreement (Harmony Gold Mining Co LTD), Facility Agreement (Penske Automotive Group, Inc.)
Exceptions. (a) This Clause 28 31 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 31.5, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Facilities Agreement (Sirona Dental Systems, Inc.), Facilities Agreement (Sirona Dental Systems, Inc.)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorCompany.
Appears in 2 contracts
Samples: Facility Agreement (Eksportfinans Asa), Facility Agreement (Eksportfinans Asa)
Exceptions. (a) This Clause 28 (Sharing Among the Creditor Parties) shall not apply to the extent that the Recovering Finance Creditor Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Loan Agreement (Seven Seas Cruises S. DE R.L.), Loan Agreement (Prestige Cruises International, Inc.)
Exceptions. (a) 37.5.1 This Clause 28 clause 37 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Navigator Holdings Ltd.
Exceptions. (a) 32.5.1 This Clause 28 clause 32 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Teekay Tankers Ltd.), Agreement (Teekay Tankers Ltd.)
Exceptions. (a) This Clause 28 24 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorCompany.
Appears in 2 contracts
Samples: Agreement (Nordic Telephone CO ApS), Agreement (Nordic Telephone CO ApS)
Exceptions. (a) This Clause 28 clause 39 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Hoegh LNG Partners LP), Hoegh LNG Partners LP
Exceptions. (a) 30.5.1 This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligors.
Appears in 2 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
