Common use of Rescission of Excess Clause in Contracts

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Lenders which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) shall apply only to the retained amount.

Appears in 12 contracts

Samples: Loan Agreement (DHT Holdings, Inc.), Third Supplemental Agreement (Genco Shipping & Trading LTD), Loan Agreement (Diana Shipping Inc.)

AutoNDA by SimpleDocs

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Lenders which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) 15.22 shall repay to the Agent for the account of the Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 15.22.3 shall apply only to the retained amount.

Appears in 8 contracts

Samples: Loan Agreement (Teekay Tankers Ltd.), Loan Agreement, Loan Agreement (Teekay LNG Partners L.P.)

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Lenders which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) shall apply only to the retained amount.

Appears in 7 contracts

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

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Lenders Finance Parties which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender Finance Party which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders Finance Parties share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retainedretained in accordance with the provisions of the Finance Documents, together with interest on that amount at a rate equivalent to that (if any) paid by the Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) shall apply only to the retained amount.

Appears in 4 contracts

Samples: Facility Agreement, Facility Agreement (Teekay Corp), Facility Agreement (Teekay Tankers Ltd.)

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Party Parties or to any other third party, the Lenders Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders Banks share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Lender Bank receiving or recovering the Excess Amount to the person to whom that Lender Bank is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 9.16.3 shall apply only to the retained amount.

Appears in 4 contracts

Samples: Loan Agreement (Mc Shipping Inc), Loan Agreement (Mc Shipping Inc), Agreement (Usg Corp)

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Party Parties or to any other third party, the Lenders Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) 9.16 shall repay to the Agent for the account of the Lender Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders Banks share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Lender Bank receiving or recovering the Excess Amount to the person to whom that Lender Bank is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 9.16.3 shall apply only to the retained amount.

Appears in 4 contracts

Samples: www.lw.com, Loan Facility Agreement (Teekay Shipping Corp), Loan Facility Agreement (Teekay Shipping Corp)

AutoNDA by SimpleDocs

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Party Parties or to any other third party, the Lenders Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders Banks share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Lender Bank receiving or recovering the Excess Amount to the person to whom that Lender Bank is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 11.16.3 shall apply only to the retained amount.

Appears in 4 contracts

Samples: Stolt Comex (Stolt Offshore S A), Guarantee Facility Agreement (Stolt Offshore S A), Loan Facility Agreement (Stolt Offshore S A)

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Party Parties or to any other third party, the Lenders Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause 15.16 (Redistribution of payments) shall repay to the Agent for the account of the Lender Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders Banks share rateably in accordance with their Proportionate Shares (or, as appropriate, their Security Shares) in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Lender Bank receiving or recovering the Excess Amount to the person to whom that Lender Bank is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 11.16.3 shall apply only to the retained amount.

Appears in 1 contract

Samples: Facility Agreement (Stolt Nielsen S A)

Rescission of Excess. Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any Security Party or to any other third party, the Lenders which have received any part of that Excess Amount by way LONLIVE\24155284.5 Page 42 00-00-00000\Draft(4)\29 March 2016 of distribution from the Agent pursuant to Clause 15.16 (Redistribution of payments) 15.22 shall repay to the Agent for the account of the Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Lenders share rateably in accordance with their Proportionate Shares in the amount of the receipt or payment retained, together with interest on that amount at a rate equivalent to that (if any) paid by the Lender receiving or recovering the Excess Amount to the person to whom that Lender is liable to make payment in respect of such amount, and Clause 15.16.3 (Redistribution of payments) 15.22.3 shall apply only to the retained amount.

Appears in 1 contract

Samples: Teekay LNG Partners L.P.

Time is Money Join Law Insider Premium to draft better contracts faster.