Redistribution of payments. Unless otherwise agreed between the Finance Parties, if at any time a Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any assignee or transferee of or sub-participant in that Bank's Commitment), an amount greater than that Bank's Proportionate Share of any sum due from any of the Security Parties under the Security Documents (the amount of the excess being referred to in this Clause as the "Excess Amount") then:-
Appears in 3 contracts
Samples: Loan Facility Agreement (Stolt Offshore S A), Loan Facility Agreement (Stolt Offshore S A), Guarantee Facility Agreement (Stolt Offshore S A)
Redistribution of payments. Unless otherwise agreed between the Finance PartiesBanks and the Agent, if at any time a Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any assignee or transferee of or sub-participant in that Bank's Commitment), an amount greater than that Bank's Proportionate Share of any sum due from any of the Security Parties under the Security Documents (the amount of the excess being referred to in this Clause as the "Excess Amount") then:-
Appears in 3 contracts
Samples: Loan Agreement (Mc Shipping Inc), Loan Agreement (Mc Shipping Inc), Loan Agreement (Euroseas Ltd.)
Redistribution of payments. Unless otherwise agreed between the Finance PartiesBanks and the Agent, if at any time a Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any assignee or transferee of or sub-participant in that Bank's ’s Commitment), an amount greater than that Bank's ’s Proportionate Share of any sum due from any of the Security Parties under the Security Documents (the amount of the excess being referred to in this Clause as the "“Excess Amount"”) then:-
Appears in 2 contracts
Samples: Agreement (Usg Corp), Agreement (Usg Corp)
Redistribution of payments. Unless otherwise agreed between the Finance PartiesBanks and the Agents, if at any time a Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any assignee or transferee of or sub-participant in that Bank's ’s Commitment), an amount greater than that Bank's ’s Proportionate Share of any sum due from any of the Security Parties under the Security Documents (the amount of the excess being referred to in this Clause as the "“Excess Amount"”) then:-
Appears in 2 contracts
Samples: Loan Agreement (Sea Containers LTD /Ny/), Loan Agreement (Sea Containers LTD /Ny/)
Redistribution of payments. Unless otherwise agreed between the Finance Parties, if at any time a Bank Finance Party receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any assignee or transferee of or sub-participant in that Bank's ’s Commitment), an amount greater than that Bank's ’s Proportionate Share of any sum due from any of the Security Parties under the Security Documents (the amount of the excess being referred to in this Clause as the "“Excess Amount"”) then:-
Appears in 2 contracts
Samples: Loan Facility Agreement (Gulfmark Offshore Inc), Gulfmark Offshore Inc
Redistribution of payments. Unless otherwise agreed between the Finance Parties, if at any time a Bank Finance Party receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any assignee or transferee of or sub-participant in that Bank's Commitment), an amount greater than that Bank's Proportionate Share of any sum due from any of the Security Parties under the Security Documents (the amount of the excess being referred to in this Clause as the "Excess Amount") then:-
Appears in 2 contracts
Samples: Facility Agreement (Gulfmark Offshore Inc), Loan Facility Agreement (Gulfmark Offshore Inc)
Redistribution of payments. Unless otherwise agreed between the Finance Parties, if at any time a Bank receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any assignee or transferee of or sub-participant in that Bank's ’s Commitment), an amount greater than that Bank's ’s Proportionate Share of any sum due from any of the Security Parties under the Security Documents (the amount of the excess being referred to in this Clause as the "“Excess Amount"”) then:-
Appears in 1 contract
Redistribution of payments. Unless otherwise agreed between the Finance Parties, if at any time a Bank Finance Party receives or recovers by way of set-off, the exercise of any lien or otherwise (other than from any assignee or transferee of or sub-participant in that Bank's ’s Commitment), an amount greater than that Bank's ’s Proportionate Share of any sum due from any of the Security Parties under the Security Documents (the amount of the excess being referred to in this Clause as the "“Excess Amount"”) then:-then:¬
Appears in 1 contract
Samples: Gulfmark Offshore Inc
