Exceptions. (a) This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 57 contracts
Samples: Facility Agreement (Bristow Group Inc.), Assignment Agreement (Bristow Group Inc.), Assignment Agreement (Bristow Group Inc.)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 49 contracts
Samples: Agreement (Hillenbrand, Inc.), Agreement (Ferguson PLC), Agreement (Hillenbrand, Inc.)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 37 contracts
Samples: Assignment Agreement (StoneX Group Inc.), Facility Agreement (StoneX Group Inc.), Agreement (Iridium Communications Inc.)
Exceptions. (a) This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 35 contracts
Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Operation and Maintenance Agreement (Globalstar, Inc.)
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 24 contracts
Samples: Financing Agreement, Credit Facilities Agreement, Credit Facilities Agreement (KNOT Offshore Partners LP)
Exceptions. (a) This Clause 28 32 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 23 contracts
Samples: Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC)
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 19 contracts
Samples: Facility Agreement (Randgold Resources LTD), Facility Agreement (Randgold Resources LTD), Senior Facilities Agreement (Net 1 Ueps Technologies Inc)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 27, have a valid and enforceable claim against the relevant Obligor.
Appears in 17 contracts
Samples: Agreement (Atlas Investissement), Agreement (Atlas Investissement), www.sec.gov
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 15 contracts
Samples: Compagnie Maritime Belge NV, Agreement (Bunge LTD), Agreement (Bunge LTD)
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 12 contracts
Samples: Assignment Agreement (Smurfit WestRock LTD), Amendment and Restatement Agreement (Ferguson PLC), Agreement (Tiffany & Co)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 29, have a valid and enforceable claim against the relevant Obligor.
Appears in 11 contracts
Samples: Igt Senior Facilities Agreement (International Game Technology PLC), Senior Secured Credit Facility Agreement (Seadrill Partners LLC), And Restatement Agreement (Seadrill Partners LLC)
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 31, have a valid and enforceable claim against the relevant Obligor.
Appears in 11 contracts
Samples: Senior Term Facilities Agreement (NeoGames S.A.), Agreement (New Frontier Public Holding Ltd.), Whereas Eksportfinans
Exceptions. (a) 22.5.1 This Clause 28 22 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 10 contracts
Samples: Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.)
Exceptions. (a) This Clause 28 33 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 10 contracts
Samples: Agreement (Carnival PLC), Facilities Agreement (ShangPharma Corp), Agreement (Elster Group SE)
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 10 contracts
Samples: Facility Agreement (Ozon Holdings PLC), Agreement (Anthracite Capital Inc), Agreement (Geologistics Corp)
Exceptions. (a) This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 28, have a valid and enforceable claim against the relevant Obligor.
Appears in 9 contracts
Samples: Facility Agreement (Avis Budget Group, Inc.), Credit Facility Agreement (North Atlantic Drilling Ltd.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Exceptions. (a) 28.5.1 This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 8 contracts
Samples: www.sec.gov, Term Facility Agreement (Luxottica Group Spa), Agreement (Marconi Corp PLC)
Exceptions. (a) 29.5.1 This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 7 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Revolving Credit Facility Agreement (Sibanye Stillwater LTD), Facility Agreement (Sibanye Gold LTD)
Exceptions. (a) This Clause 28 33 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 7 contracts
Samples: Agreement (Navios Maritime Partners L.P.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.), Sace Facility Agreement (Norwegian Cruise Line Holdings Ltd.)
Exceptions. (a) This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 7 contracts
Samples: Facility Agreement (American Realty Capital Global Trust II, Inc.), Agreement (AstraZeneca Biopharmaceuticals Inc.), Agreement (Lafarge)
Exceptions. (a) This Clause 28 35 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the Parent or the relevant Obligor.
Appears in 7 contracts
Samples: Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.), Lease Agreement (Virgin Media Inc.)
Exceptions. (a) This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 30, have a valid and enforceable claim against the relevant Obligor.
Appears in 7 contracts
Samples: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD), Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)
Exceptions. (a) 28.5.1 This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorSecurity Party.
Appears in 6 contracts
Samples: Fourth Supplemental Agreement (TORM PLC), Fourth Supplemental Agreement (TORM PLC), Fourth Supplemental Agreement (TORM PLC)
Exceptions. (a) This Clause 28 32 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 6 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Exceptions. (a) This Clause 28 29 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 6 contracts
Samples: Agreement (KNOT Offshore Partners LP), Term Loan Facilities Agreement (DHT Holdings, Inc.), Agreement (DHT Holdings, Inc.)
Exceptions. (a) 29.5.1 This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 6 contracts
Samples: Agreement (Hoegh LNG Partners LP), Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Exceptions. (a) This Clause 28 32 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 6 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Assignment Agreement (Taylor Maritime Investments LTD)
Exceptions. (a) 34.5.1 This Clause 28 34 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Facility Agreement (Gulfmark Offshore Inc), Facilities Agreement (Shire Ltd.), Agreement (Shire PLC)
Exceptions. (a) This Clause 28 39 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Exceptions. (a) This Clause 28 34 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 5 contracts
Samples: Facility Agreement (United Maritime Corp), Facility Agreement (Globus Maritime LTD), Facility Agreement (Navios Maritime Partners L.P.)
Exceptions. (a) This Clause 28 clause 33 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Luxfer Holdings PLC)
Exceptions. (a) 36.5.1 This Clause 28 clause 36 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Facility Agreement (Quintana Shipping Ltd.), DryShips Inc.
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorCompany.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement, Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD)
Exceptions. (a) This Clause 28 37 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Senior Facilities Agreement (Corporate Express N.V.), Agreement (Buhrmann Nv), Senior Facilities Agreement (Moore Labels Inc)
Exceptions. (a) This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligor Party.
Appears in 5 contracts
Samples: Agreement (GDS Holdings LTD), Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Exceptions. (a) This Clause clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 5 contracts
Samples: Agreement, Common Terms Agreement (Sedibelo Resources LTD), Agreement
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 26, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 5 contracts
Samples: Agreement (Diodes Inc /Del/), Second Amendment and Restatement Agreement (Gulfmark Offshore Inc), Facility Agreement (Spansion Inc.)
Exceptions. (a) 27.5.1 This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorSecurity Party.
Appears in 5 contracts
Samples: Amending and Restating Agreement (DHT Holdings, Inc.), Loan Agreement, Secured Loan Agreement (Genco Shipping & Trading LTD)
Exceptions. (a) This Clause 28 clause 33 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: And Restatement Agreement (Aegean Marine Petroleum Network Inc.), Agreement (Aegean Marine Petroleum Network Inc.), And Restatement Agreement (Aegean Marine Petroleum Network Inc.)
Exceptions. (a) This Clause 28 31 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 4 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Creditor Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Norwegian Cruise Line Holdings Ltd.), Amendment and Restatement Agreement (Norwegian Cruise Line Holdings Ltd.), Loan Agreement (Prestige Cruises International, Inc.)
Exceptions. (a) This Clause 28 35 shall not apply to the extent that the Recovering Relevant Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the Parent or the relevant Obligor.
Appears in 4 contracts
Samples: Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.), Agreement (Virgin Media Inc.)
Exceptions. (a) This Clause 28 36 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: Amendment and Restatement Agreement (Manchester United PLC), Intercreditor Agreement (Manchester United PLC), Facilities Agreement (Manchester United Ltd.)
Exceptions. (a) This Clause 28 35 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: Assignment Agreement (Ardmore Shipping Corp), Humber Shipco LLC (Ardmore Shipping Corp), Assignment Agreement (Dorian LPG Ltd.)
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 4 contracts
Samples: Facility Agreement (Golden Meditech Holdings LTD), Amendment and Restatement Agreement (Visteon Corp), Agreement (Saturn Expansion Corp)
Exceptions. (a) 28.5.15 This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorSecurity Party.
Appears in 4 contracts
Samples: Loan Agreement (Scorpio Bulkers Inc.), Loan Agreement (Scorpio Tankers Inc.), Scorpio Tankers Inc.
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 26, have a valid and enforceable claim against the relevant Obligor.
Appears in 4 contracts
Samples: Amkor Technology, Inc., Facility Agreement (Mechel OAO), Agreement (Mechel OAO)
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 4 contracts
Samples: Agreement (Alpha Beta Netherlands Holding N.V.), Facility Agreement (Tom Online Inc), Facility Agreement (Six Continents PLC)
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 25, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Second Amendment and Restatement Agreement (Alibaba Group Holding LTD), Assignment Agreement (Wanda Sports Group Co LTD), Assignment Agreement (Wanda Sports Group Co LTD)
Exceptions. (a) This Clause 28 34 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Intercreditor Agreement (Manchester United PLC), Senior Facilities Agreement (Central European Distribution Corp), Agreement (Telewest Global Inc)
Exceptions. (a) This Clause 28 27 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any the payment pursuant to this ClauseClause 27 (Sharing Among the Finance Parties), have a valid and enforceable claim (or right of proof in an administration) against the relevant Obligor.
Appears in 3 contracts
Samples: Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Tritium DCFC LTD
Exceptions. (a) This Clause 28 26 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorCompany.
Appears in 3 contracts
Samples: Agreement (Nordic Telephone CO ApS), Agreement (Nordic Telephone CO ApS), Agreement (Nordic Telephone CO ApS)
Exceptions. (a) 29.5.1 This Clause 28 clause 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant ObligorObligor in respect of such payment.
Appears in 3 contracts
Samples: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (International Shipping Enterprises, Inc.), Agreement (Navios Maritime Holdings Inc.)
Exceptions. (a) 28.5.1 This Clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligors.
Appears in 3 contracts
Samples: Common Terms Agreement (Lesaka Technologies Inc), Restatement Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Exceptions. (a) This Clause 28 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 25, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 3 contracts
Samples: Facilities Agreement (WEIBO Corp), Facility Agreement (Cemex Sab De Cv), Agreement (Archstone Smith Trust)
Exceptions. (a) This Clause 28 27 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorSecurity Party.
Appears in 3 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.)
Exceptions. (a) 27.5.1 This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligors.
Appears in 3 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Exceptions. (a) 28.5.1 This Clause clause 28 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Atlatsa Resources Corp), Facilities Agreement (Atlatsa Resources Corp), Facilities Agreement (Hungarian Telephone & Cable Corp)
Exceptions. (a) This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 3 contracts
Samples: Agreement (Bunge Global SA), Agreement (Bungeltd), Agreement (Corporate Property Associates 17 - Global INC)
Exceptions. (a) This Clause 28 34 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 34, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Gtech Senior Facilities Agreement (International Game Technology PLC), Facility Agreement (Orion Engineered Carbons S.a r.l.), Gtech Senior Facilities Agreement (International Game Technology PLC)
Exceptions. (a) This Clause 28 32 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 32, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Yell Finance Bv), South Texas Supply Company, Inc., South Texas Supply Company, Inc.
Exceptions. (a) This Clause 28 30 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Agreement (KNOT Offshore Partners LP), Agreement (Kronos Worldwide Inc)
Exceptions. (a) This Clause 28 37 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Facilities Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp)
Exceptions. (a) This Clause 28 32 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Assignment Agreement (Ardmore Shipping Corp), Facility Agreement (Ardmore Shipping Corp), Agreement (Ship Finance International LTD)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 29.5, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 3 contracts
Samples: Agreement (Bunge LTD), Facility Agreement (Western Wireless Corp), Facility Agreement (Western Wireless Corp)
Exceptions. (a) 30.5.1 This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 30, have a valid and enforceable claim against the relevant Obligor.
Appears in 3 contracts
Samples: And Restatement Agreement (Validus Holdings LTD), Agreement (Validus Holdings LTD), Agreement (Validus Holdings LTD)
Exceptions. (a) This Clause 28 23 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 23, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Facility Agreement, ire.finanzas.gob.ec
Exceptions. (a) This Clause 28 (Sharing Among the Creditor Parties) shall not apply to the extent that the Recovering Finance Creditor Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Loan Agreement (Prestige Cruises International, Inc.), Loan Agreement (Seven Seas Cruises S. DE R.L.)
Exceptions. (a) 37.5.1 This Clause 28 clause 37 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Navigator Holdings Ltd.), Navigator Holdings Ltd.
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 31.5, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Facilities Agreement (Sirona Dental Systems, Inc.), Facilities Agreement (Sirona Dental Systems, Inc.)
Exceptions. (a) This Clause 28 clause 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to under this Clauseclause, have a valid and enforceable claim (or right of proof in an administration) against the relevant Obligor.
Appears in 2 contracts
Samples: Certain Confidential Information (Metals Acquisition LTD), Certain Confidential Information (Metals Acquisition Corp)
Exceptions. (aA) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 29.5, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Encore Capital Group Inc), Assignment Agreement (Encore Capital Group Inc)
Exceptions. (a) 29.5.1. This Clause 28 29 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: www.sec.gov, Term Loan Facility Agreement (Sibanye Gold LTD)
Exceptions. (a) This Clause 28 26.5 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Facility Agreement (Ship Finance International LTD), Agreement (Ship Finance International LTD)
Exceptions. (a) 32.5.1 This Clause 28 clause 32 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Teekay Tankers Ltd.), Agreement (Teekay Tankers Ltd.)
Exceptions. (a) 22.5.1 This Clause 28 22 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Agreement (HCC Insurance Holdings Inc/De/)
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Facility Agreement (Nordic American Offshore Ltd.), Facility Agreement (Nordic American Offshore Ltd.)
Exceptions. (a) This Clause 28 34 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to under this Clause, have a valid and enforceable claim (or right of proof in an administration) against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Metals Acquisition LTD), Agreement (Metals Acquisition Corp)
Exceptions. (a) This Clause 28 31 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (McDermott International Inc)
Exceptions. (a) This Clause 28 clause 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (SunOpta Inc.), Management Agreement (Sunrise Senior Living Inc)
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Senior Finance Party would not, after making any payment pursuant to this ClauseClause 31, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Inmarsat Launch CO LTD), Facility Agreement (Inmarsat Holdings LTD)
Exceptions. (a) This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 30.5, have a valid and enforceable claim against the relevant ObligorLoan Party.
Appears in 2 contracts
Samples: Facilities Agreement (Igate Corp), Facilities Agreement (Igate Corp)
Exceptions. (a) This Clause 28 29 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 29 (Sharing among the Finance Parties), have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Intercreditor Agreement (Liberty Global PLC), Senior Facilities Agreement (Toys R Us Inc)
Exceptions. (a) This Clause 28 29 shall not apply to the extent that the Recovering Finance Party (including, for these purposes pursuant to paragraph (c) below, the Hedging Counterparty) would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Consent and Agreement (Harry Winston Diamond Corp), Consent and Agreement (Harry Winston Diamond Corp)
Exceptions. (a) This Clause 28 31 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Kronos International Inc), Agreement (Kronos International Inc)
Exceptions. (a) This Clause 28 31 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligors.
Appears in 2 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.)
Exceptions. (a) This Clause 28 35 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Dorian LPG Ltd.), Agreement (Dorian LPG Ltd.)
Exceptions. (a) This Clause 28 4 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorRelevant Obligor or the Borrower.
Appears in 2 contracts
Samples: Security Trust (SinoTech Energy LTD), Security Trust (SinoTech Energy LTD)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Assignment Agreement (NORDIC AMERICAN TANKERS LTD), Assignment Agreement (B Plus H Ocean Carriers LTD)
Exceptions. (a) 30.5.1 This Clause 28 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant ObligorObligors.
Appears in 2 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Exceptions. (a) This Clause 28 clause 25 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Hamilton Insurance Group, Ltd.), Assignment Agreement (Hamilton Insurance Group, Ltd.)
Exceptions. (a) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Relevant Obligor.
Appears in 2 contracts
Samples: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (China Mengniu Dairy Co LTD)
Exceptions. (a) 30.5.1 This Clause 28 clause 30 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Agreement (Mercer International Inc), Agreement (Mercer International Inc.)
Exceptions. (ai) This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Facility Agreement (Sterlite Industries (India) LTD), Million Facility Agreement (Sterlite Industries (India) LTD)
Exceptions. (a) This Clause 28 clause 35 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clauseclause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Exceptions. (a) This Clause 28 26 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this ClauseClause 26, have a valid and enforceable claim against the relevant ObligorBorrower.
Appears in 2 contracts
Samples: Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc), Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc)
Exceptions. (a) 27.5.1. This Clause 28 27 shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Sibanye Gold LTD
Exceptions. (a) This Clause 28 31 (Sharing Among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Obligor.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Exceptions. (a) This Clause 28 β32 (Sharing among the Finance Parties) shall not apply to the extent that the Recovering Finance Party would not, after making any payment pursuant to this Clause, have a valid and enforceable claim against the relevant Transaction Obligor.
Appears in 2 contracts
Samples: Assignment Agreement (United Maritime Corp), Assignment Agreement (Seanergy Maritime Holdings Corp.)
