Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then: (a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent; (b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and (c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 15 contracts
Sources: Finance Agreement, Credit Facility Agreement, Facilities Agreement (Mittal Steel Co N.V.)
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 10 contracts
Sources: Facilities Agreement (Preem Holdings Ab Publ), Credit Facility Agreement (Valentia Telecommunications), Multicurrency Credit Facilities Agreement (Alfa Laval Special Finance Ab)
Redistribution. If any amount owing by an Obligor the Borrower under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three (3) Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the such excess (the redistribution).
Appears in 7 contracts
Sources: Credit Facility Agreement, Credit Facility Agreement (Seaspan CORP), Credit Facility Agreement (Seaspan CORP)
Redistribution. If any amount owing by an Obligor the Company under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 7 contracts
Sources: Credit Facility Agreement (PPL Corp), Credit Facility Agreement (PPL Corp), Syndicated Facilities Agreement (Bayer Aktiengesellschaft)
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-set off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 4 contracts
Sources: Term and Revolving Facilities Agreement (Smith & Nephew PLC), Facility Agreement (Smith & Nephew PLC), Loan Agreement (Smith & Nephew PLC)
Redistribution. If any amount owing by an Obligor under this Agreement any of the Senior Finance Documents to a Lender (the “recovering Lender”) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a “recovery”), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution)) within five days of demand by the Facility Agent.
Appears in 3 contracts
Sources: Senior Credit Facility (Smurfit Kappa Funding PLC), Senior Credit Facility Agreement (JSG Funding PLC), Senior Credit Facility (Smurfit Kappa Acquisitions)
Redistribution. If any amount owing by an Obligor under this Agreement any of the Finance Documents to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the any such excess (the redistribution)) within five Business Days of demand by the Facility Agent.
Appears in 3 contracts
Sources: Senior Credit Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG), Senior Credit Agreement (Kabel Deutschland GmbH), Credit Facilities Agreement (Hungarian Telephone & Cable Corp)
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering LenderRECOVERING LENDER) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recoveryRECOVERY), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistributionREDISTRIBUTION).
Appears in 2 contracts
Sources: Credit Agreement (Galen Holdings PLC), Supplemental Agreement (Centex Development Co Lp)
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (if any) (the redistribution).
Appears in 2 contracts
Sources: Subordinated Equity Bridge Credit Facilities (Imperial Tobacco Group PLC), Credit Facilities (Imperial Tobacco Group PLC)
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering Lender"RECOVERING LENDER") is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery"RECOVERY"), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution"REDISTRIBUTION").
Appears in 2 contracts
Sources: Credit Facility Agreement (Enodis PLC), Credit Agreement (Centex Corp)
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering "Recovering Lender") is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery"Recovery"), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution"Redistribution").
Appears in 2 contracts
Sources: Credit Facility Agreement (Schlumberger LTD /Ny/), Credit Facility Agreement (Schlumberger LTD /Ny/)
Redistribution. If any amount owing by an Obligor a Borrower under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 2 contracts
Sources: Credit Facility (Vivendi Universal), Credit Facility Agreement (Danaos Corp)
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the such excess (the redistribution).
Appears in 2 contracts
Sources: Facility Agreement (Global Ship Lease, Inc.), Credit Agreement (Global Ship Lease, Inc.)
Redistribution. If any amount owing by an Obligor the Company under this Agreement to a Lender (the "recovering Lender") is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a "recovery"), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the "redistribution").
Appears in 2 contracts
Sources: Bridge Loan Agreement (Enodis PLC), Credit Facility Agreement (Oratec Interventions Inc)
Redistribution. If any amount owing by an Obligor the Company or the Parent under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Sources: Credit Facility Agreement (EnerSys)
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender mustshall, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must shall calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must shall pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Metro International Sa)
Redistribution. If any amount owing by an Obligor the Company under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Sources: Revolving Credit Facility Agreement (Edizione Holding Spa)
Redistribution. If any amount owing by an Obligor the Company under this Agreement to a Lender (the recovering LenderRECOVERING LENDER) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recoveryA RECOVERY), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistributionREDISTRIBUTION).
Appears in 1 contract
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three (3) Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Redistribution. If any amount owing by an Obligor the Borrower under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Sources: Credit Facility Agreement (PPL Corp)
Redistribution. If any amount owing by an Obligor the Borrowers under this Agreement to a Lender (the recovering Lender) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then:
(a) the recovering Lender must, within three (3) Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the such excess (the redistribution).
Appears in 1 contract
Redistribution. If any amount owing by an Obligor under this Agreement to a Lender (the “recovering Lender”) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a “recovery”), then:
(a) the recovering Lender must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Lender would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Lender must pay to the Facility Agent an amount equal to the excess (the “redistribution”).
Appears in 1 contract
Sources: Supplemental Agreement (Enodis PLC)