Common use of Sharing Payments Clause in Contracts

Sharing Payments. If any Purchaser (for purposes of this Section only, a "Recipient") shall obtain any payment or other recovery (whether voluntary, involuntary, through the exercise of any right of setoff, or otherwise) on account of its share of the Net Investment (other than pursuant to Article V hereof) in excess of its ratable share of payments to which such Purchaser is entitled hereunder, such Recipient shall forthwith purchase from the other Purchasers entitled to a share of such excess payment or recovery participations in such Recipient's interest in its share of the Net Investment as shall be necessary to cause such Recipient to share in such excess payment or recovery ratably with each other Person entitled thereto; provided, however, that if all or any portion of such excess payment or recovery is thereafter recovered from such Recipient, such purchase from each such other Person shall be rescinded and each such other Person shall repay to the Recipient the purchase price paid by such Recipient for such participation to the extent of such recovery, together with an amount equal to such other Person's ratable share (according to the proportion of (a) the amount of such other Person's required payment to (b) the total amount so recovered from the Recipient) of any interest or other amount paid or payable by the Recipient in respect of the total amount so recovered.

Appears in 1 contract

Sources: Mortgage Loan Purchase and Sale Agreement (American Home Mortgage Investment Corp)

Sharing Payments. If any Purchaser Lender (for purposes of this Section only, a "Recipient") shall obtain any payment or other recovery (whether voluntary, involuntary, through the exercise of any right of setoff, or otherwise) on account of its share of the Net Investment (other than pursuant to Article V hereof) Outstanding Loan Amount in excess of its ratable share of payments to which such Purchaser Recipient is entitled hereunder, such Recipient shall forthwith purchase from the other Purchasers Lenders entitled to a share of such excess payment or recovery participations in such Recipient's interest in its share of the Net Investment other Lenders’ Outstanding Loan Amounts as shall be necessary to cause such Recipient to share in such excess payment or recovery ratably with each other Person entitled thereto; provided, however, that if all or any portion of such excess payment or recovery is thereafter recovered from such Recipient, such purchase from each such other Person shall be rescinded and each such other Person shall repay to the Recipient the purchase price paid by such Recipient for such participation to the extent of such recovery, together with an amount equal to such other Person's ’s ratable share (according to the proportion of (ai) the amount of such other Person's ’s required payment to (bii) the total amount so recovered from the Recipient) of any interest or other amount paid or payable by the Recipient in respect of the total amount so recovered.

Appears in 1 contract

Sources: Receivables Loan Agreement (Walter Investment Management Corp)