Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 278 contracts
Samples: Agreement (Navigator Holdings Ltd.), Facility Agreement (DHT Holdings, Inc.), Agreement (Bunge Global SA)
Clawback. (a) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 68 contracts
Samples: Agreement (Atlas Investissement), Agreement (Atlas Investissement), Amendment and Restatement Agreement (Liberty Global PLC)
Clawback. (a) Where a sum is to be paid to the Agent or the Security Agent under the Finance Documents for another Party, the Agent or, as the case may be, the Security Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 20 contracts
Samples: Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for distribution to another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 15 contracts
Samples: Whereas Eksportfinans, And Restatement Agreement (Seadrill Partners LLC), Senior Secured Credit Facility Agreement (Seadrill Partners LLC)
Clawback. (aA) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 14 contracts
Samples: Facility Agreement (Kosmos Energy Ltd.), Assignment Agreement (Vaalco Energy Inc /De/), Agreement (Kosmos Energy Ltd.)
Clawback. (a) 30.4.1 Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 11 contracts
Samples: Agreement (Hoegh LNG Partners LP), Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum. However, it may do so if it wishes.
Appears in 9 contracts
Samples: Notes Purchase Agreement (Membership Collective Group Inc.), Notes Purchase Agreement (Membership Collective Group Inc.), Facility Agreement (InterXion Holding N.V.)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 9 contracts
Samples: Assignment Agreement (NORDIC AMERICAN TANKERS LTD), Credit Facilities Agreement (Wanda Sports Group Co LTD), Assignment Agreement (Marine Harvest ASA)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for distribution to another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 6 contracts
Samples: Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Assignment Agreement (B Plus H Ocean Carriers LTD)
Clawback. (a) Where a sum is to be paid to the a Transaction Agent under the Finance Documents for another Party, the that Transaction Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 6 contracts
Samples: Senior Facilities Agreement (OneSmart International Education Group LTD), Agreement, Facility Agreement (China XD Plastics Co LTD)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the that Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 6 contracts
Samples: Agreement (BHP Billiton PLC), Agreement (BHP Billiton LTD), Agreement (Coeur D Alene Mines Corp)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Financing Documents for another Party, the such Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its absolute satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Credit Agreement (France Telecom /), Credit Agreement (France Telecom /), Credit Agreement (France Telecom /)
Clawback. (aA) Where a sum is to be paid to the Agent under the Finance Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Agreement (PCCW LTD), Agreement (PCCW LTD), Agreement (PCCW LTD)
Clawback. (a) Where a sum is to be paid to the Agent, the Swingline Agent or the Issuing Agent under the Finance Documents for another Party, the Agent, the Swingline Agent or the Issuing Agent (as applicable) is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC), Gtech Senior Facilities Agreement (International Game Technology PLC)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the such Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its absolute satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Syndicated Revolving Credit Agreement (Ibasis Inc), Credit Agreement (Koninklijke KPN N V), Agreement (Koninklijke KPN N V)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Fundamental Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 4 contracts
Samples: Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.), Letter of Credit and Reimbursement Agreement (Arch Capital Group Ltd.)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another PartyPerson, the such Agent is not obliged to pay that sum to that other Party Person (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it actually has actually received that sum.
Appears in 3 contracts
Samples: Project Facilities Agreement (Pacific Drilling S.A.), Project Facilities Agreement (Pacific Drilling S.A.), Project Facilities Agreement (Pacific Drilling S.A.)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Geologistics Corp), Agreement (Concordia Bus Nordic AB)
Clawback. (a) Where a sum is to be paid to the Facilities Agent under the Finance Documents for another Party, the Facilities Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Carnival PLC), Facilities Agreement (Carnival PLC)
Clawback. (a) Where a sum is to be paid to the Agent under the Senior Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Inmarsat Launch CO LTD), Facility Agreement (Inmarsat Holdings LTD)
Clawback. (a) Where a sum is to be paid to the Facility Agent under the Finance Documents this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (McDermott International Inc)
Clawback. (a) Where a)Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Kronos International Inc), Agreement (Kronos International Inc)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Facility Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Agreement (Cascal B.V.), Facility Agreement (Cascal B.V.)
Clawback. (a) Where a sum is to be paid to the Security Agent under the Finance Documents for distribution to another Party, the Security Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Common Terms Agreement (Seadrill Partners LLC), Common Terms Agreement (Seadrill Partners LLC)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Facility Agreement (Pangaea Logistics Solutions Ltd.), Facility Agreement (Quartet Holdco Ltd.)
Clawback. (a) Where a sum is to be paid to the Paying Agent under the Finance Documents for another Party, the Paying Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Facility Agreement (Spansion Inc.), Hanarotelecom Inc
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Restated Agreement (HCC Insurance Holdings Inc/De/)
Clawback. (a) Where a sum is to be paid to an Agent, the Special Rate Agent or the Joint & Several Creditor under the Finance Documents for another Party, the Agent it is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 2 contracts
Samples: Facility Agreement (Mechel OAO), Agreement (Mechel OAO)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its reasonable satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Financing Documents for another Party, the such Agent is not obliged to pay that sum to that other Party (or to enter into or perform any - 52 - related exchange contract) until it has been able to establish to its absolute satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: www.sec.gov
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the that Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.. 108
Appears in 1 contract
Samples: Facilities Agreement (3SBio Inc.)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Transaction Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to in pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Sesa Sterlite LTD
Clawback. (a) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its absolute satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Agent or the Security Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the a Transaction Agent under the Finance Documents for another Party or Secured Party, the that Transaction Agent is not obliged to pay that sum to that other Party or Secured Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Facility Agent under the Finance Financing Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Facility Agreement (Gold Fields LTD)
Clawback. (aA) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Assignment Agreement (Shire PLC)
Clawback. (a) Where a sum is to be paid to the Agent Agents under the Finance Documents for another Party, the Agent is Agents are not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has they have been able to establish to its their satisfaction that it has they have actually received that sum.
Appears in 1 contract
Samples: Facility Agreement (TRM Corp)
Clawback. (a) Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the such Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its absolute satisfaction that it has actually received that sumsum (and such Agent shall make such due enquiry as a diligent agent would make in so establishing).
Appears in 1 contract
Samples: Credit Agreement (Abb LTD)
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Documents for another Party, the Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum. However, the Agent may assume that the sum has been paid to it, and, in reliance on that assumption, make available to that Party a corresponding amount.
Appears in 1 contract
Clawback. (a) Where a sum is to be paid to the Agent under the Finance Security Documents for another Partyparty, the Agent is not obliged to pay that sum to that other Party party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Agreement (Teekay LNG Partners L.P.)
Clawback. (a) Where a sum is to be paid to the relevant Agent under the Finance Documents for another Party, the relevant Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract
Samples: Facilities Agreement (International Textile Group Inc)
Clawback. (aC) Where a sum is to be paid to the Facility Agent under the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that other Party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum.
Appears in 1 contract