Common use of Distribution Clause in Contracts

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner in or towards payment (as soon as practicable after receipt) of any amount due from the Owner under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 6 contracts

Sources: Credit Facility Agreement (Ocean Rig UDW Inc.), Credit Facility Agreement (DryShips Inc.), Credit Facility Agreement (DryShips Inc.)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, or bank in the case principal financial centre of KEXIMa Participating Member State or London, in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from for the Owner Company in or towards payment (as soon as practicable after receipt) of any amount due from the Owner Company under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 4 contracts

Sources: Syndicated Facilities Agreement (Bayer Aktiengesellschaft), Bridge Facilities Agreement (Bayer Aktiengesellschaft), Syndicated Facilities Agreement (Bayer Aktiengesellschaft)

Distribution. (a) Each payment received by the Facility Agent Trustee under the Bridge Finance Documents for another Party must, except as provided below, be made available by the Facility Agent Trustee to that Party by payment (as soon as practicable after receipt) to its account with such office or, or bank in the case principal financial centre of KEXIM, in New York the country of the relevant currency as it may notify to the Facility Agent Trustee for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent Trustee may apply any amount received by it from the Owner an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Bridge Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent Trustee under this Agreement for another Party, the Facility Agent Trustee is not obliged to pay that sum to that Party until it has established that it has actually received itthat sum. However, the Facility Agent Trustee may assume that the sum has been paid to it, and, in reliance on that assumption, make available to that Party a corresponding amount. If it transpires that the sum has not been received by the Facility AgentTrustee, that Party must forthwith immediately on demand by the Facility Agent Trustee refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent Trustee at a rate reasonably calculated by the Facility Agent Trustee to reflect its cost of funds.

Appears in 3 contracts

Sources: Loan Note Facility (Babylon Holdings LTD), Loan Agreement (Babylon Holdings LTD), Loan Agreement (Babylon Holdings LTD)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, or bank in the case principal financial centre of KEXIM, in New York the country of the relevant currency as it may notify to the Facility Agent that Party for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 3 contracts

Sources: Facility Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, or bank in the case principal financial centre of KEXIM, in New York the country of the relevant currency as it may notify to the Facility Agent for this purpose by not less than five Business Days' prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 3 contracts

Sources: Supplemental Agreement (Centex Development Co Lp), Credit Agreement (Centex Corp), Partnership Agreement (Centex Development Co Lp)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents this Agreement for another Party mustshall, except as provided subject to paragraphs (b) and (c) below, be made available by the Facility Agent to that Party by payment (as soon as practicable after on the date of value of receipt and in the currency and funds of receipt) to its account with such office bank in the principal financial centre of the country of the relevant currency (or, in the case of KEXIMeuros, in New York the principal financial centre of such of the Participating Member States or London) as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after on the date and in the currency and funds of receipt) of any amount due from an Obligor under this Agreement in the Owner under the Finance Documents same currency on such date or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is to be paid under this Agreement to the Facility Agent under this Agreement for the account of another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received itthat sum. However, the The Facility Agent may may, however, assume that the sum has been paid to it, it in accordance with this Agreement and, in reliance on that assumption, make available to that Party a corresponding amount. If it transpires that the sum has not been received by made available but the Facility AgentAgent has paid a corresponding amount to another Party, that Party must shall forthwith on demand by refund the corresponding amount to the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent receipt, calculated at a rate reasonably calculated determined by the Facility Agent to reflect its cost of funds.

Appears in 2 contracts

Sources: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, or bank in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 2 contracts

Sources: Finance Agreement, Credit Facilities Agreement (Imperial Tobacco Group PLC)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, or bank in the case principal financial centre of KEXIMa Participating Member State or London, in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 2 contracts

Sources: Senior Credit Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG), Senior Credit Agreement (Kabel Deutschland GmbH)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or bank: (i) in the principal financial centre of the country of the relevant currency; or, (ii) in the case of KEXIMeuro, in New York the principal financial centre of a Participating Member State or London, as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may (with the consent and at the expense of the relevant Obligor) apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has had not been received by the Facility Agentmade available, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 2 contracts

Sources: Loan Agreement (Smith & Nephew PLC), Facility Agreement (Smith & Nephew PLC)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days' prior notice. (b) The Facility Agent may apply any amount received by it from the Owner in or towards payment (as soon as practicable after receipt) of any amount due from the Owner under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 2 contracts

Sources: Credit Facility Agreement (Ocean Rig UDW Inc.), Credit Facility Agreement (Ocean Rig UDW Inc.)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, or bank in the case of KEXIM, in New York London as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Term Loan Facilities Agreement

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, in New York or bank as it may notify to the Facility Agent for this purpose by not less than five Business Days' prior notice. (b) The Facility Agent may apply any amount received by it from for the Owner Company in or towards payment (as soon as practicable after receipt) of any amount due from the Owner Company under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Facility Agreement (Pencil Acquisition Corp.)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, in New York or bank as it may notify to the Facility Agent for this purpose by not less than five (5) Business Days' prior notice. (b) The Facility Agent may apply any amount received by it from any of the Owner Borrowers in or towards payment (as soon as practicable after receiptpracticable) of any amount due from the Owner Borrowers under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Credit Facility Agreement (Global Ship Lease, Inc.)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, in New York or bank as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Loan Facility Agreement (Evraz Group S.A.)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office oror bank in Hong Kong, in the case of KEXIM, in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from for the Owner Company in or towards payment (as soon as practicable after receipt) of any amount due from the Owner Company under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Credit Facility Agreement (Baidu, Inc.)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, or bank in the case principal financial centre of KEXIM, in New York the country of the relevant currency as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent Agent, acting reasonably, to reflect its cost of funds.

Appears in 1 contract

Sources: Credit Agreement (Merix Corp)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents this Agreement for another Party mustshall, except as provided subject to paragraphs (b) and (c) below, be made available by the Facility Agent to that Party by payment (as soon as practicable after on the date and in the currency and funds of receipt) to its account with such office or, in the case of KEXIM, in New York bank as it may notify to the Facility Agent for this purpose by not less than five ten Business Days' prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due (but unpaid) from the Owner an Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so appliedthis Agreement. (c) Where a sum is to be paid under this Agreement to the Facility Agent under this Agreement for the account of another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received itthat sum. However, the The Facility Agent may may, at its sole discretion, assume that the sum has been paid to it, it in accordance with this Agreement and, in reliance on that assumption, make available to that Party a corresponding amount. If it transpires that the sum has not been received by made available but the Facility AgentAgent has paid a corresponding amount to another Party, that Party must shall forthwith on demand by refund the corresponding amount to the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent Agent, calculated at a rate reasonably calculated determined by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Supplemental Agreement (Trader Com Nv)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents this Agreement for another Party mustshall, except as provided subject to paragraphs (b) and (c) below, be made available by the Facility Agent to that Party by payment (as soon as practicable after on the date of value of receipt and in the currency and funds of receipt) to its account with such office bank in the principal financial centre of the country of the relevant currency (or, in the case of KEXIMeuros, in New York the principal financial centre of such of the Participating Member States or London) as it may notify to the Facility Agent for this purpose by not less than five Business Days' prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after on the date and in the currency and funds of receipt) of any amount due from an Obligor under this Agreement in the Owner under the Finance Documents same currency on such date or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is to be paid under this Agreement to the Facility Agent under this Agreement for the account of another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received itthat sum. However, the The Facility Agent may may, however, assume that the sum has been paid to it, it in accordance with this Agreement and, in reliance on that assumption, make available to that Party a corresponding amount. If it transpires that the sum has not been received by made available but the Facility AgentAgent has paid a corresponding amount to another Party, that Party must shall forthwith on demand by refund the corresponding amount to the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent receipt, calculated at a rate reasonably calculated determined by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Senior Secured Credit Facility (United Pan Europe Communications Nv)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, or bank in New York York, as it may notify to the Facility Agent for this purpose by not less than five Business Days' prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for a Relevant Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Relevant Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Term and Revolving Credit Facility Agreement (Kellwood Co)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party mustshall, except as provided subject to paragraphs (b) and (c) below, be made available by the Facility Agent to that Party by payment (as soon as practicable after on the date and in the currency and funds of receipt) to its account with such office or, or bank in the case principal financial centre of KEXIM, in New York the country of the relevant currency as it may notify to the Facility Agent for this purpose by not less than five (5) Business Days’ prior prior- notice, provided that such account may not, in any case, be situated in a Non-Cooperative Jurisdiction. (b) The Facility Agent may apply any amount received by it from for the Owner Borrower in or towards payment (as soon as practicable after on the date and in the currency and funds of receipt) of any amount due from the Owner Borrower under the Finance Documents this Agreement or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is to be paid to the Facility Agent under this Agreement the Finance Documents for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received itthat sum. However, the The Facility Agent may may, however, assume that the sum has been paid to itit in accordance with this Agreement, and, in reliance on that assumption, make available to that Party a corresponding amount. If it transpires that the sum has not been received by made available but the Facility AgentAgent has paid a corresponding amount to another Party, that Party must shall forthwith on demand by the Facility Agent refund any the corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent receipt, calculated at a rate reasonably calculated determined by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Multicurrency Revolving Credit Facility Agreement (Schneider Electric Sa)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party mustshall, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, in New York or bank as it may notify to the Facility Agent for this purpose by not less than five Business Days' prior notice. (b) The Facility Agent may apply any amount received by it from for the Owner Borrower in or towards payment (as soon as practicable after receipt) of any amount due from the Owner Borrower under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith shall immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Metro International Sa)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, or bank in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) If any Lender fails to make any payment required to be made by it under the Finance Documents, the Agent may, in its discretion, apply any amounts received by it for the account of that Lender to satisfy that Lender’s obligations under the Finance Documents until all such unsatisfied obligations are fully paid. (d) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Credit Agreement (Warp Technology Holdings Inc)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents this Agreement for another Party mustshall, except as provided subject to paragraphs (b) and (c) below, be made available by the Facility Agent to that Party by payment (as soon as practicable after on the date and in the currency and funds of receipt) to its account with such office or, in the case of KEXIM, in New York bank as it may notify to the Facility Agent for this purpose by not less than five 10 Business Days' prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due (but unpaid) from the Owner an Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so appliedthis Agreement. (c) Where a sum is to be paid under this Agreement to the Facility Agent under this Agreement for the account of another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received itthat sum. However, the The Facility Agent may may, at its sole discretion, assume that the sum has been paid to it, it in accordance with this Agreement and, in reliance on that assumption, make available to that Party a corresponding amount. If it transpires that the sum has not been received by made available but the Facility AgentAgent has paid a corresponding amount to another Party, that Party must shall forthwith on demand by refund the corresponding amount to the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent Agent, calculated at a rate reasonably calculated determined by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Supplemental Agreement (Dunlop Standard Aerospace Holdings PLC)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or bank in: (i) in respect of Facility A: (A) the principal financial centre of the country of the relevant currency; or, (B) in the case of KEXIMeuro, in the principal financial centre of a Participating Member State or London, (ii) in respect of Facility B, New York York; and as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may (with the consent and at the expense of the relevant Obligor) apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has had not been received by the Facility Agentmade available, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Term and Revolving Facilities Agreement (Smith & Nephew PLC)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office oror bank in Milan, in the case of KEXIM, in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from for the Owner Company or the Parent in or towards payment (as soon as practicable after receipt) of any amount due from Company or the Owner Parent (as the case may be) under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Credit Facility Agreement (EnerSys)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, in New York or bank as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from any of the Owner Obligors in or towards payment (as soon as practicable after receiptpracticable) of any amount due from the Owner Obligors under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Facility Agreement (Global Ship Lease, Inc.)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, in New York or bank as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from for the Owner Borrower in or towards payment (as soon as practicable after receipt) of any amount due from the Owner Borrower under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Credit Facilities Agreement

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, in the case of KEXIM, in New York or bank as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from any of the Owner Obligors in or towards payment (as soon as practicable after on the date and in the currency and funds of receipt) of any amount due from the Owner Obligors under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Credit Facility Agreement (Danaos Corp)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office or, or bank in the case principal financial centre of KEXIMa Participating Member State or London or Stockholm, in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Bridge Facility Agreement (Preem Holdings Ab Publ)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt) to its account with such office oror bank in London, in the case of KEXIM, in New York as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Credit Facility Agreement (Centex Corp)

Distribution. (a) Each payment received by the Facility Agent under the Finance Documents for another Party must, except as provided below, be made available by the Facility Agent to that Party by payment (as soon as practicable after receipt): (i) in the case of a payment to an Obligor, to its Proceeds Account; and (ii) in the case of a payment to Party other than an Obligor, to its account with such office or bank: (A) in the principal financial centre of the country of the relevant currency; or, (B) in the case of KEXIMEuro, in New York the principal financial centre of a Participating Member State or London, as it may notify to the Facility Agent for this purpose by not less than five Business Days’ prior notice. (b) The Facility Agent may apply any amount received by it from the Owner for an Obligor in or towards payment (as soon as practicable after receipt) of any amount due from the Owner that Obligor under the Finance Documents or in or towards the purchase of any amount of any currency to be so applied. (c) Where a sum is paid to the Facility Agent under this Agreement for another Party, the Facility Agent is not obliged to pay that sum to that Party until it has established that it has actually received it. However, the Facility 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. If it transpires that the sum has not been received by the Facility Agent, that Party must forthwith immediately on demand by the Facility Agent refund any corresponding amount made available to it together with interest on that amount from the date of payment to the date of receipt by the Facility Agent at a rate reasonably calculated by the Facility Agent to reflect its cost of funds.

Appears in 1 contract

Sources: Credit Facilities Agreement (Hungarian Telephone & Cable Corp)