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. (b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 205 contracts
Sources: Facility Agreement (Madeleine Charging B.V.), Facility Agreement (Navigator Holdings Ltd.), Facilities Agreement (Navigator Holdings 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 satisfaction that it has actually received that sum.
(b) If the Facility Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Facility Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, Facility Agent calculated by the Agent it to reflect its cost of funds.
Appears in 10 contracts
Sources: Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC), Debt Bridge Facility Agreement (Xstrata PLC)
Clawback. (a) 23.4.1 Where a sum is to be paid to the Agent under the Finance Security 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.
(b) 23.4.2 If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 10 contracts
Sources: Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP Ltd.), Loan Agreement (NCL CORP 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.
(b) 30.4.2 If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 8 contracts
Sources: Facility Agreement, Facility Agreement, 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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, Agent calculated by the Agent it to reflect its cost of funds.
Appears in 6 contracts
Sources: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Wimm Bill Dann Foods Ojsc)
Clawback. (a) 37.4.1 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.
(b) 37.4.2 If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 4 contracts
Sources: Facility Agreement (DryShips Inc.), Facility Agreement (Quintana Shipping Ltd.), Facility Agreement (Navigator Holdings Ltd.)
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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 4 contracts
Sources: Letter of 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. (ai) 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.
(bii) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 4 contracts
Sources: Third Amendment Agreement (Kronos International Inc), Fifth Amendment Agreement (Kronos International Inc), Facility Agreement (Sterlite Industries (India) LTD)
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.
(bB) If the Agent pays an amount to another Party party and it proves to be the case that the Agent had not actually received that amount, then the Party party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 4 contracts
Sources: Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD)
Clawback. (a) 35.4.1 Where a sum is to be paid to the an Agent under the Finance Documents for another Party, the an 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.
(b) 35.4.2 If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 3 contracts
Sources: Syndication and Amendment Agreement (Shire PLC), Facilities Agreement (Shuttle Corp), Facilities Agreement (Shire PLC)
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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds.
Appears in 3 contracts
Sources: Amendment Agreement (BHP Billiton PLC), Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD), Facility and Subscription Agreement (BHP Billiton PLC)
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.
(b) If the an Agent pays an amount to another Party Person and it proves to be the case that the Agent actually had not actually received that amount, then the Party Person to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent on demand together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 3 contracts
Sources: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Amendment and Restatement 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 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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the that Agent shall on demand refund the same to the that Agent together with interest on that amount from the date of payment to the date of receipt by the that Agent, calculated by the that Agent to reflect its cost of funds.
Appears in 2 contracts
Sources: Term Facility Agreement (Coeur D Alene Mines Corp), Term Facility Agreement (Coeur D Alene Mines Corp)
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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Sources: Facility Agreement (Kronos International Inc), Facility Agreement (Kronos International 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.
(b) If the Agent pays an amount to another Party party and it proves to be the case that the Agent had not actually received that amount, then the Party party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Sources: Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/), Standby Letter of Credit Facility (HCC Insurance Holdings Inc/De/)
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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or Back to Contents the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds.
Appears in 2 contracts
Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, Agent calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Sources: Term and Letter of Credit Facility Agreement (Cascal B.V.), Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent relevant agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Sources: Senior Facility Agreement (International Game Technology PLC), Facilities Agreement (International Game Technology PLC)
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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 2 contracts
Sources: Credit Facilities Agreement (Wanda Sports Group Co LTD), Facility Agreement (Marine Harvest ASA)
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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.. Table of Contents
Appears in 2 contracts
Sources: Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)
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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.,
Appears in 1 contract
Sources: Mezzanine Facility Agreement (Concordia Bus Nordic AB)
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.
(b) If the Agent pays an amount to another Party party and it proves to be the case that the Agent had not actually received that amount, then the Party party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
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 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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent Agent, shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, Agent calculated by the Agent it to reflect its cost of funds.
Appears in 1 contract
Sources: Facility Agreement (Synnex 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 sum.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds.
Appears in 1 contract
Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN 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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of fundsfunds (acting reasonably).
Appears in 1 contract
Sources: Multicurrency Revolving Facilities Agreement (Sage Group PLC)
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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent it to reflect its cost of funds.
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 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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent it to reflect its cost of funds.
Appears in 1 contract
Sources: Facility Agreement (Solutia Inc)
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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the that Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the that Agent shall on demand refund the same to the that Agent together with interest on that amount from the date of payment to the date of receipt by the that Agent, calculated by the that Agent to reflect its cost of funds.
Appears in 1 contract
Sources: Facilities Agreement (3SBio Inc.)
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.
(b) If the relevant Agent pays an amount to another Party and it proves to be the case that the relevant Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the relevant Agent shall on demand refund the same to the relevant Agent together with interest on that amount from the date of payment to the date of receipt by the relevant Agent, calculated by the relevant Agent to reflect its cost of funds.
Appears in 1 contract
Sources: Term and Revolving Facilities Agreement (International Textile Group Inc)
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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds.
Appears in 1 contract
Sources: Credit Agreement (Reh Mergersub Inc)
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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.. 93954-4-1-v3.0 -87- 70-40529536
Appears in 1 contract
Sources: Facility Agreement (Midamerican Energy Holdings Co /New/)
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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the such Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the such Agent shall on demand refund the same to the such Agent together with interest on that amount from the date of payment to the date of receipt by the such Agent, calculated by the such Agent to reflect its cost of funds... Table of Contents
Appears in 1 contract
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.
(bB) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
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 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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent it had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent it to reflect its cost of funds.
Appears in 1 contract
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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Anthracite Capital Inc)
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.
(b) If the an Agent pays an amount to another Party and it proves to be the case that the relevant Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the that Agent shall on demand refund the same to the that Agent together with interest on that amount from the date of payment to the date of receipt by the that Agent, calculated by the that Agent to reflect its cost of funds.
Appears in 1 contract
Sources: Facilities Agreement (Coca-Cola Hellenic Bottling Co Sa)
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.
(b) If the Agent pays an amount to another Party and it proves to be the case that the Agent had not actually received that amount, then the Party to whom that amount (or the proceeds of any related exchange contract) was paid by the Agent shall on demand refund the same to the Agent together with interest on that amount from the date of payment to the date of receipt by the Agent, calculated by the Agent to reflect its cost of funds.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Discovery Communications, Inc.)