Unwinding. Any appropriation or distribution which later transpires to have been or is agreed by the Security Agent to have been invalid or which has to be refunded shall be refunded and shall be deemed never to have been made.
Appears in 36 contracts
Samples: Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA), Facilities Agreement (Marine Harvest ASA)
Unwinding. Any appropriation or distribution which later transpires to have been or is agreed by the Security Agent to have been invalid or which has to be refunded shall be refunded and shall be deemed never to have been made.
Appears in 4 contracts
Samples: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Unwinding. Any appropriation or distribution which later transpires to have been been, or is agreed by the Security Agent Trustee to have been invalid been, invalid, or which has to be refunded refunded, shall be refunded and shall be deemed never to have been mademade provided that the Security Trustee shall be under no obligation to make such repayment or refund unless it has first received the requisite amount from the recipient of such invalid or refundable appropriation or distribution.
Appears in 2 contracts
Samples: Constar International Inc, Constar International Inc
Unwinding. Any appropriation or distribution which later transpires to have been been, or is agreed by the Security Agent Trustee to have been invalid been, invalid, or which has to be refunded refunded, shall be refunded and shall be deemed never to have been made.
Appears in 2 contracts
Samples: Agreement (Waterford Wedgwood PLC), Intercreditor and Security Trust Agreement (Waterford Wedgwood PLC)
Unwinding. Any appropriation or distribution which later transpires to have been or is agreed by the Security Agent Trustee to have been invalid or which has to be refunded shall be refunded and shall be deemed never to have been made.
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Vantage Drilling CO
Unwinding. Any appropriation or distribution which later transpires to have been or is agreed by the Security Agent or the Joint & Several Creditor (as the case may be) to have been invalid or which has to be refunded shall be refunded and shall be deemed never to have been made.
Appears in 2 contracts
Samples: Facility Agreement (Mechel OAO), Agreement (Mechel OAO)
Unwinding. Any appropriation or distribution distribution, which later transpires to have been been, or is agreed by the Security Agent to have been invalid been, invalid, or which has to be refunded refunded, shall be refunded and shall be deemed never to have been made.
Appears in 1 contract
Unwinding. Any appropriation or distribution which that later transpires to have been been, or is agreed by the Security Agent Trustee to have been invalid been, invalid, or which that has to be refunded refunded, shall be refunded to the Security Trustee (in the case of a distribution) and shall be deemed never to have been made.
Appears in 1 contract
Samples: Credit Agreement (Bioreliance Corp)
