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 AMOUNT If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Parties or to any other third party, the Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause shall repay to the Agent for the account of the Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Bank receiving or recovering the Excess Amount to the person to whom that Bank is liable to make payment in respect of such amount, and Clause 11.16.3 shall apply only to the retained amount.

Appears in 2 contracts

Samples: Loan Agreement (Arlington Tankers Ltd.), Loan Facility Agreement (Stolt Comex Seaway S A)

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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 AMOUNT If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Parties or to any other third party, the Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause 9.16 shall repay to the Agent for the account of the Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Bank receiving or recovering the Excess Amount to the person to whom that Bank is liable to make payment in respect of such amount, and Clause 11.16.3 9.16.3 shall apply only to the retained amount.

Appears in 2 contracts

Samples: Loan Facility Agreement, Loan Facility Agreement (Teekay Offshore 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 AMOUNT If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Parties or to any other third party, the Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause shall repay to the Agent for the account of the Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Bank receiving or recovering the Excess Amount to the person to whom that Bank is liable to make payment in respect of such amount, and Clause 11.16.3 10.16.3 shall apply only to the retained amount.

Appears in 2 contracts

Samples: Loan Facility Agreement (Stolt Offshore S A), Loan Agreement (Euroseas 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 Parties Party or to any other third party, the Banks Lenders which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause 15.16 shall repay to the Agent for the account of the Bank Lender which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the Banks 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 Bank Lender receiving or recovering the Excess Amount to the person to whom that Bank Lender is liable to make payment in respect of such amount, and Clause 11.16.3 15.16.3 shall apply only to the retained amount.

Appears in 2 contracts

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

Rescission of Excess. AMOUNT Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Parties or to any other third party, the Banks which have received any part of that Excess Amount by way of distribution from the Agent Agents pursuant to this Clause shall repay to the Agent Agents for the account of the Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Bank receiving or recovering the Excess Amount to the person to whom that Bank is liable to make payment in respect of such amount, and Clause 11.16.3 shall apply only to the retained amount.

Appears in 1 contract

Samples: Loan Agreement (Sea Containers LTD /Ny/)

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Rescission of Excess. AMOUNT Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Parties or to any other third party, the Banks which have received any part of that Excess Amount by way of distribution from the Agent Agents pursuant to this Clause shall repay to the Agent Agents for the account of the Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Bank receiving or recovering the Excess Amount to the person to whom that Bank is liable to make payment in respect of such amount, and Clause 11.16.3 shall apply only to the retained amount.. 173

Appears in 1 contract

Samples: Loan Agreement (Sea Containers LTD /Ny/)

Rescission of Excess. AMOUNT Amount If all or any part of any Excess Amount is rescinded or must otherwise be restored to any of the Security Parties or to any other third party, the Banks which have received any part of that Excess Amount by way of distribution from the Agent pursuant to this Clause shall repay to the Agent for the account of the Bank which originally received or recovered the Excess Amount, the amount which shall be necessary to ensure that the 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 Bank receiving or recovering the Excess Amount to the person to whom that Bank is liable to make payment in respect of such amount, and Clause 11.16.3 10.16.3 shall apply only to the retained amount.

Appears in 1 contract

Samples: Loan Agreement (Euroseas Ltd.)

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