Distribution by Agent. If in the opinion of the Agent the distribution of any amount received by it in such capacity hereunder, under the Notes or under any of the other Loan Documents might involve it in liability, it may refrain from making distribution until its right to make distribution shall have been adjudicated by a court of competent jurisdiction. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Agent is to be repaid, each Person to whom any such distribution shall have been made shall either repay to the Agent its proportionate share of the amount so adjudged to be repaid or shall pay over the same in such manner and to such Persons as shall be determined by such court.
Distribution by Agent. If in the opinion of the Agent the --------------------- distribution of any amount received by it in such capacity hereunder, under the Revolving Credit Notes or under any of the other Loan Documents might involve it in liability, it may refrain from making distribution until its right to make distribution shall have been adjudicated by a court of competent jurisdiction. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Agent is to be repaid, each Person to whom any such distribution shall have been made shall either repay to the Agent its proportionate share of the amount so adjudged to be repaid or shall pay over the same in such manner and to such Persons as shall be determined by such court.
Distribution by Agent. (a) A payment received by the Agent under a Finance Document is received by the Agent on account of the Lenders unless:
Distribution by Agent. All payments received by Agent on behalf of Lenders on account of principal and interest under this Agreement or the Notes or on account of any fees payable for the account of Lenders shall be promptly distributed by Agent to Lenders (in the type of funds received by Agent) as follows: (i) if in respect of principal of any Loans made to Borrower then on a pro rata basis to each of Lenders holding the Loans in respect of which such payment is being made; (ii) if in respect of interest on the Loans, then to each Lender in the proportion that the aggregate amount of such unpaid interest due on the Loans of each such Lender bears to the aggregate amount of such unpaid interest due on all such Loans; (iii) if in respect of fees, then to Lenders in accordance with their entitlement thereto (based on each Lender's share of the Total Loan Commitment, in the case of the Facility Fee, the Upfront Fee and the Commitment Commission, and based on each Lender's share of the applicable Acquisition Loans or Letter of Credit (Acquisition) described in Section 4.3, in the case of the Utilization Fee); and (iv) if in respect of a payment under Section 3 other than an interest payment hereof, to each Lender in accordance with its entitlement thereto.
Distribution by Agent. If in the opinion of the Agent distribution of any amount received by it in such capacity hereunder or under either Note or under any of the other Loan Documents might involve any liability, it may refrain from making distribution until its right to make distribution shall have been adjudicated by a court of competent jurisdiction or has been resolved by the mutual consent of all Lenders. In addition, the Agent may request full and complete indemnity, in form and substance satisfactory to it, prior to making any such distribution. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Agent is to be repaid, each person to whom any such distribution shall have been made shall either repay to the Agent its proportionate share of the amount so adjudged to be repaid or shall pay over to the same in such manner and to such Persons as shall be determined by such court.
Distribution by Agent. Unless any Transaction Document expressly provides otherwise, the Agent shall promptly distribute amounts received under any Transaction Document for the account of the Participants ratably among them.
Distribution by Agent. If in the opinion of the Agent the distribution of any amount received by it in such capacity hereunder, under the Revolving Credit Notes, the Bankers' Acceptances or under any of the other Loan Documents might involve it in liability, it may refrain from making distribution until its right to make distribution shall have been adjudicated by a court of competent jurisdiction. If a court of competent jurisdiction shall adjudge that any amount received and distributed by the Agent is to be repaid, each Person to whom any such distribution shall have been made shall either repay to the Agent its proportionate share of the -105- 115 amount so adjudged to be repaid or shall pay over the same in such manner and to such Persons as shall be determined by such court.
Distribution by Agent. All payments received by the Agent on behalf of the Banks on account of principal and interest under this Agreement or the Notes or with respect to Commitment commission shall be promptly distributed by the Agent to the Banks (in the type of funds received by the Agent) as follows: (a) if in respect of principal and if Borrower has designated that the payments are being made in respect of Term Loans or in respect of the Revolving Credit Loans, then (in the case of a designation of Term Loans) on a PRO RATA basis to each of the Banks having Tranche B Term Loans outstanding and then on a PRO RATA basis to each of the Banks having Tranche A Term Loans outstanding, or in the case of a designation of Revolving Credit Loans, on a PRO RATA basis to each of the Banks having Revolving Credit Loans outstanding, as the case may be; (b) if in respect of principal and Borrower has not designated whether the payments are being made in respect of the Term Loans or the Revolving Credit Loans, then, first on a PRO RATA basis to each of the Banks having Tranche B Term Loans outstanding, then on a PRO RATA basis to Banks having Tranche A Term Loans outstanding and then on a PRO RATA basis to each of the Banks having Revolving Credit Loans outstanding; (c) if in respect of interest paid on the Loans pursuant to Section 3 and the Borrower has designated that the payments are being made in respect of a Term Loans, or in respect of the Revolving Credit Loans, then on a PRO RATA basis first to each of the Banks having Tranche B Term Loans outstanding, and then on a PRO RATA basis to each of the Banks having Tranche A Term Loans outstanding, or on a PRO RATA basis to each of the Banks having Revolving Credit Loans outstanding, as the case may be; (d) if in respect of interest due on the Loans and the Borrower has not designated whether such payments are being made in respect of Term Loans or the Revolving Credit Loans, then to each Bank in the proportion that the aggregate amount of such unpaid interest due on the Loans of each such Bank bears to the aggregate amount of such unpaid interest due on all such Loans; (e) if in respect of Commitment commission pursuant to Section 4.1, to each Bank in the proportion that the Revolving Credit Loan Commitment of such Bank bears to the Total Revolving Credit Loan Commitment; and (f) if in respect of a payment under Section 5.2(a) hereof, to each Bank in accordance with its entitlement thereto.
Distribution by Agent. If in the opinion of either of the Agents the distribution of any amount received by it in such capacity hereunder, under the Notes or under any of the other Loan Documents might involve it in liability, it may refrain from making distribution until its right to make distribution shall have been adjudicated by a court of competent
Distribution by Agent. 58 13.21 Holders.........................................................58 13.22
