Common use of Recovering Finance Party’s rights Clause in Contracts

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 15 contracts

Samples: Term and Revolving Facilities Agreement (KNOT Offshore Partners LP), Agreement (KNOT Offshore Partners LP), Term and Revolving Facilities Agreement

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Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 12 contracts

Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Facility Agreement (Gulfmark Offshore Inc), Intercreditor Agreement (Nord Anglia Education, Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 12 contracts

Samples: Credit Facilities Agreement (Gold Fields LTD), Agreement (Golden Star Resources LTD), Agreement (Ferguson PLC)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 11 contracts

Samples: Assignment Agreement (Bristow Group Inc.), Agreement (Diana Containerships Inc.), Agreement (Logitech International Sa)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 10 contracts

Samples: Term Facility Agreement, Agreement (Rockley Photonics Holdings LTD), Facilities Agreement (Molson Coors Brewing Co)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 9 contracts

Samples: Facility Agreement (InterXion Holding N.V.), Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 6 contracts

Samples: Facility Agreement (Diana Containerships Inc.), Agreement (Cascal N.V.), Agreement (New Frontier Public Holding Ltd.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 36.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 6 contracts

Samples: Agreement (Navigator Holdings Ltd.), Facility Agreement (Quintana Shipping Ltd.), Facility Agreement (Navigator Holdings Ltd.)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.

Appears in 6 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Junior Facility Agreement (Global Ship Lease, Inc.), Assignment Agreement (Global Ship Lease, Inc.)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 34.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.

Appears in 6 contracts

Samples: Facility Agreement (United Maritime Corp), Banks and Financial Institutions (Okeanis Eco Tankers Corp.), Facility Agreement (Navios Maritime Holdings Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) clause 33.2 of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 5 contracts

Samples: Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Luxfer Holdings PLC)

Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 29.2 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Company, as between the relevant Obligor Company and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Company.

Appears in 5 contracts

Samples: And Restatement Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD), Agreement (Alibaba Group Holding LTD)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 4 contracts

Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Facility Agreement (Sibanye Gold LTD), Framework Agreement (Seadrill Partners LLC)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.

Appears in 4 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Assignment Agreement (Pyxis Tankers Inc.), Facility Agreement (Navios Maritime Partners L.P.)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 28.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 4 contracts

Samples: Bridge Facility Agreement (Coca-Cola HBC AG), Facility Agreement (Coca-Cola HBC AG), Facility Agreement (Coca-Cola HBC AG)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of paymentsPayments) of a payment received by a the Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 4 contracts

Samples: Facility Agreement, Facility Agreement (OI S.A. - In Judicial Reorganization), Facility Agreement

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Security Party, as between the relevant Obligor Security Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorSecurity Party.

Appears in 4 contracts

Samples: Fourth Supplemental Agreement (TORM PLC), Fourth Supplemental Agreement (TORM PLC), Fourth Supplemental Agreement (TORM PLC)

Recovering Finance Party’s rights. On a distribution by the COFACE Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 4 contracts

Samples: Confidential Treatment (Iridium Communications Inc.), Confidential Treatment (Iridium Communications Inc.), Coface Facility Agreement (Iridium Communications Inc.)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 3 contracts

Samples: Facility Agreement (Mechel OAO), Agreement (Mechel OAO), Facility Agreement (Randgold Resources LTD)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 36.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 3 contracts

Samples: Intercreditor Agreement (Manchester United PLC), Facilities Agreement (Manchester United Ltd.), Amendment and Restatement Agreement (Manchester United PLC)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 34.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 3 contracts

Samples: Senior Facilities Agreement (Fintrax US Acquisition Subsidiary, Inc.), Facility Agreement (Orion Engineered Carbons S.a r.l.), Facility Agreement (Gulfmark Offshore Inc)

Recovering Finance Party’s rights. 27.3.1 On a distribution by the Facility Agent under Clause 29.2 (Redistribution of payments) 27.2 of a payment received by a Recovering Finance Party from an that Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

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)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Cxxxxx 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.

Appears in 3 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.)

Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 3 contracts

Samples: Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 35.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 3 contracts

Samples: Assignment Agreement (Dorian LPG Ltd.), Humber Shipco LLC (Ardmore Shipping Corp), Assignment Agreement (Dorian LPG Ltd.)

Recovering Finance Party’s rights. 28.3.1 On a distribution by the Facility Agent under Clause 29.2 (Redistribution of payments) 28.2 of a payment received by a Recovering Finance Party from an that Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 3 contracts

Samples: Restatement Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Lesaka Technologies Inc)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 3 contracts

Samples: Facilities Agreement (Rentokil Initial PLC /Fi), Agreement (Himalaya Shipping Ltd.), Facilities Agreement (Rentokil Initial PLC /Fi)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 39.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 3 contracts

Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.)

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an ObligorObligor Party, as between the relevant Obligor Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor .

Appears in 3 contracts

Samples: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 37.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 3 contracts

Samples: Facility Agreement (Navigator Holdings Ltd.), Navigator Holdings Ltd., Navigator Holdings Ltd.

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 3 contracts

Samples: Facility Agreement (Navios Maritime Partners L.P.), Agreement (Endava PLC), Senior Facilities Agreement (OpSec Holdings)

Recovering Finance Party’s rights. (a) On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 3 contracts

Samples: Facilities Agreement (Alibaba Group Holding LTD), Alibaba Group Holding LTD, Amkor Technology, Inc.

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Security Party, as between the relevant Obligor Security Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorSecurity Party.

Appears in 3 contracts

Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.), Facility Agreement (HC2 Holdings, Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 35.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 161

Appears in 2 contracts

Samples: Agreement (Cool Co Ltd.), Agreement (Cool Co Ltd.)

Recovering Finance Party’s rights. On a distribution by (or instructed by) the Agent under Clause 29.2 32.3 (Redistribution of payments) of a payment received or recovered by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an ObligorObligor or BHL, as between the relevant Obligor or BHL and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor or BHL.

Appears in 2 contracts

Samples: Search and Rescue (Bristow Group Inc.), Agreement (Bristow Group Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 3.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Facility Agreement (Avolon Holdings LTD), Facility Agreement (Avolon Holdings LTD)

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an ObligorObligor Party, as between the relevant Obligor Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor Party .

Appears in 2 contracts

Samples: Agreement (GDS Holdings LTD), Agreement (GDS Holdings LTD)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Agreement (Hamilton Insurance Group, Ltd.), Assignment Agreement (Hamilton Insurance Group, Ltd.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Facility Agreement (Platinum Underwriters Holdings LTD), Assignment Agreement (Platinum Underwriters Holdings LTD)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 23.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 2 contracts

Samples: Facility Agreement, ire.finanzas.gob.ec

Recovering Finance Party’s rights. On a distribution by the BPIAE Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Markit Ltd.), Facility Agreement (VTTI Energy Partners LP)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Consent and Agreement (Harry Winston Diamond Corp), Consent and Agreement (Harry Winston Diamond Corp)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Agreement (Alliance Data Systems Corp), Agreement (Alliance Data Systems Corp)

Recovering Finance Party’s rights. On a distribution by the COFACE Agent under Clause 29.2 30.2 (Redistribution of payments) Payments), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Loan Party, as between the relevant Obligor Loan Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorLoan Party.

Appears in 2 contracts

Samples: Facilities Agreement (Igate Corp), Facilities Agreement (Igate Corp)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 2 contracts

Samples: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Security Party, as between the relevant Obligor Security Party and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorSecurity Party.

Appears in 2 contracts

Samples: Loan Agreement (Safe Bulkers, Inc.), Amending and Restating Agreement (DHT Holdings, Inc.)

Recovering Finance Party’s rights. On a distribution by the BPIFAE Agent under Clause 29.2 30.2 (Redistribution of payments) Payments), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Operation and Maintenance Agreement (Globalstar, Inc.), Globalstar, Inc.

Recovering Finance Party’s rights. On a distribution by the Administrative Agent under Clause 29.2 35.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor to the Recovering Finance Party but shall be treated as paid by that Obligor to the Administrative Agent.

Appears in 2 contracts

Samples: Agreement (Dorian LPG Ltd.), Agreement (Dorian LPG Ltd.)

Recovering Finance Party’s rights. 30.3.1 On a distribution by the Facility Agent under Clause 29.2 (Redistribution of payments) 30.2 above of a payment received by a Recovering Finance Party from an that Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)

Recovering Finance Party’s rights. 27.3.1. On a distribution by the Facility Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Sibanye Gold LTD

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Common Terms Agreement (Harmony Gold Mining Co LTD), Agreement (Carrizo Oil & Gas Inc)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 ‎32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.

Appears in 2 contracts

Samples: Assignment Agreement (United Maritime Corp), Assignment Agreement (Seanergy Maritime Holdings Corp.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Ferguson PLC), Assignment Agreement (Smurfit WestRock LTD)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 123

Appears in 2 contracts

Samples: South Texas Supply Company, Inc., South Texas Supply Company, Inc.

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 29.2 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Assignment Agreement (Wanda Sports Group Co LTD), Assignment Agreement (Wanda Sports Group Co LTD)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 2 contracts

Samples: Assignment Agreement (NORDIC AMERICAN TANKERS LTD), Facility Agreement (American Realty Capital Global Trust II, Inc.)

Recovering Finance Party’s rights. 33.3 On a distribution by the Agent under Clause 29.2 clause 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. Reversal of redistribution

Appears in 2 contracts

Samples: Agreement (Hafnia LTD), Agreement (Hafnia LTD)

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Recovering Finance Party’s rights. On a distribution by the Senior Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Facility Agreement (Encore Capital Group Inc), Assignment Agreement (Encore Capital Group Inc)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Agreement (KNOT Offshore Partners LP), Facility Agreement (DHT Holdings, Inc.)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Borrowing Base Facility Agreement (Transglobe Energy Corp), Borrowing Base Facility Agreement (Transglobe Energy Corp)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 30.2 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant that Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Agreement (Flex LNG Ltd.), Agreement (Flex LNG Ltd.)

Recovering Finance Party’s rights. On a distribution by (or instructed by) the Agent under Clause 29.2 34.2 (Redistribution of payments) of a payment received or recovered by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Harmony Gold Mining Co LTD, Harmony Gold Mining Co LTD

Recovering Finance Party’s rights. 25.3 On a distribution by the Agent under Clause 29.2 clause 26.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. Reversal of redistribution

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement (Teekay LNG Partners L.P.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Obligors, as between the relevant Obligor Obligors and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Obligors.

Appears in 2 contracts

Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 32.2‎ (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 2 contracts

Samples: www.lw.com, Seadrill Partners LLC

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 161

Appears in 1 contract

Samples: Facilities Agreement (ShangPharma Corp)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 36.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, Obligor as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: Facility Agreement (WABCO Holdings Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 31.2 (Redistribution of paymentsDistributions by Agent) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: Facilities Agreement (Elbit Imaging LTD)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 35.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: Facilities Agreement (Inspired Entertainment, Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 32.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor unless and to the extent such treatment would otherwise be prohibited by any limitation set out in Clause 23 (Guarantee and Indemnity).

Appears in 1 contract

Samples: Facilities Agreement (Atento S.A.)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 35.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.

Appears in 1 contract

Samples: Agreement (Okeanis Eco Tankers Corp.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 28.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an ObligorObligor or the Parent Guarantor, as between the relevant Obligor or the Parent Guarantor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorObligor or the Parent Guarantor.

Appears in 1 contract

Samples: Intercreditor Agreement (Ugi Corp /Pa/)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 Section 7.14 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.

Appears in 1 contract

Samples: Credit Agreement (SEACOR Marine Holdings Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 1 contract

Samples: Compagnie Maritime Belge NV

Recovering Finance Party’s rights. (a) On a distribution by the Facility Agent under Clause 29.2 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Visteon Corp)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 35.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.Obligor to the Recovering Finance Party. 35.4

Appears in 1 contract

Samples: Criteo S.A.

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 38.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: And Restatement Agreement (Ardmore Shipping Corp)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 Xxxxxx 33.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an a Transaction Obligor, as between the relevant Transaction Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Transaction Obligor.

Appears in 1 contract

Samples: Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.)

Recovering Finance Party’s rights. On a distribution by the Investment Agent under Clause 29.2 8.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will shall be treated as not having been paid by that ObligorObligor but instead as if it had been paid by that Obligor directly to the Investment Agent.

Appears in 1 contract

Samples: Brooge Holdings LTD

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant that Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: Facility Agreement (KNOT Offshore Partners LP)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 26.2 (Redistribution of payments) ), of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 1 contract

Samples: Facility Agreement (Mobile Telesystems Ojsc)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor), as between the relevant such Relevant Obligor and the Recovering Finance Party, an amount of the such Recovered Amount equal to the such Sharing Payment will shall be treated as not having been paid by that Obligorsuch Relevant Obligor (and such Relevant Obligor or, if such Relevant Obligor is not party hereto, the Borrower shall be liable to the Recovering Finance Party for a debt equal to such Sharing Payment, which debt is immediately due and payable).

Appears in 1 contract

Samples: Facility Agreement (China Mengniu Dairy Co LTD)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 30.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligora Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that ObligorBorrower. In such a case, the Recovering Finance Party shall immediately notify the Obligors’ Agent of the circumstances and the amount of the Sharing Payment.

Appears in 1 contract

Samples: Credit Facilities Agreement (Wanda Sports Group Co LTD)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 36.2 (Redistribution of payments) Payments), of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount sum recovered equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: Senior Facilities Agreement (Liberty Global PLC)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.. 104

Appears in 1 contract

Samples: Syndicated Facility Agreement (Equinix Inc)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 1 contract

Samples: Assignment Agreement (American Realty Capital Global Trust, Inc.)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 clause 31.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: Management Agreement (Sunrise Senior Living Inc)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 25.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Borrower, as between the relevant Obligor Borrower and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Borrower.

Appears in 1 contract

Samples: Assignment Agreement

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an ObligorParty, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: Agreement (Digital Landscape Group, Inc.)

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 27.3 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: Gold Fields LTD

Recovering Finance Party’s rights. On a distribution by the Facility Agent under Clause 29.2 31.2 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant such Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that such Obligor.

Appears in 1 contract

Samples: Facility Agreement (McDermott International Inc)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of paymentsPayments) of a payment received by a Recovering Finance Party from an Obligor, as between the relevant Obligor and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligor.

Appears in 1 contract

Samples: Facility Agreement (OI S.A. - In Judicial Reorganization)

Recovering Finance Party’s rights. On a distribution by the Agent under Clause 29.2 27.2 (Redistribution of payments) of a payment received by a Recovering Finance Party from an Obligorthe Company , as between the relevant Obligor Company and the Recovering Finance Party, an amount of the Recovered Amount equal to the Sharing Payment will be treated as not having been paid by that Obligorthe Company.

Appears in 1 contract

Samples: Eagle Bulk Shipping Inc.

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