Redistribution. If any amount owing by the Owner under this Agreement to a Finance Party (the recovering Finance Party) is discharged by payment, set-off or any other manner other than through the Facility Agent under this Agreement (a recovery), then: (a) the recovering Finance Party must, within three Business Days, supply details of the recovery to the Facility Agent; (b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Finance Party would have received if the recovery had been received by the Facility Agent under this Agreement; and (c) the recovering Finance Party must pay to the Facility Agent an amount equal to such excess (the redistribution).
Appears in 8 contracts
Sources: Credit Facility Agreement (Ocean Rig UDW Inc.), Credit Facility Agreement (Ocean Rig UDW Inc.), Credit Facility Agreement (Ocean Rig UDW Inc.)
Redistribution. If any amount owing by the Owner an Obligor under this Agreement to a Finance Party (the recovering Finance Party) is discharged by payment, set-off or any other manner other than through the Facility Agent under in accordance with this Agreement (a recovery), then:
(a) the recovering Finance Party must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Finance Party would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to such the excess (the redistribution).
Appears in 5 contracts
Sources: Credit Facility Agreement (Bausch & Lomb Inc), Credit Facilities Agreement (Liberty Global, Inc.), Credit Facilities Agreement (Liberty Global, Inc.)
Redistribution. If any amount owing by the Owner Company under this Agreement to a Finance Party (the recovering Finance Party) is discharged by payment, set-off or any other manner other than through the Facility Agent under in accordance with this Agreement (a recovery), then:
(a) the recovering Finance Party must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Finance Party would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to such the excess (the redistribution).
Appears in 4 contracts
Sources: Multicurrency Revolving Credit Facility (United States Steel Corp), Multicurrency Revolving Credit Facility (United States Steel Corp), Credit Facility Agreement (United States Steel Corp)
Redistribution. If any amount owing by the Owner an Obligor under this Agreement to a Finance Party (the recovering Finance Party) is discharged by payment, set-off or any other manner (excluding any discharge pursuant to Clause 11.8 (Excluded participation in prepayment)) other than through the Facility Agent under in accordance with this Agreement (a recovery), then:
(a) the recovering Finance Party must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Finance Party would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to such the excess (the redistribution).
Appears in 2 contracts
Sources: Credit Facility Agreement (Merck Kgaa /Fi), Credit Facility Agreement (E. Merck oHG)
Redistribution. If any amount owing by an Obligor under any of the Owner under this Agreement Finance Documents to a Finance Party (the recovering Finance Party) is discharged by payment, set-off or any other manner other than through the Facility Agent under in accordance with this Agreement (a recovery), then:
(a) the recovering Finance Party must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Finance Party would have received if the recovery had been received by the Facility Agent under this Agreement; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to such the excess (the redistribution).
Appears in 2 contracts
Sources: Credit Facilities Agreement (Viasystems Inc), Credit Agreement (Merix Corp)
Redistribution. If any amount owing by the Owner a Relevant Obligor under this Agreement to a Finance Party (the recovering Finance Party) is discharged by payment, set-off or any other manner other than through the Facility Agent under in accordance with this Agreement (a recovery), then:
(a) the recovering Finance Party must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Finance Party would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to such the excess (the redistribution).
Appears in 1 contract
Sources: Term and Revolving Credit Facility Agreement (Kellwood Co)
Redistribution. If any amount owing by the Owner any Borrower under this Agreement to a Finance Party (the “recovering Finance Party”) is discharged by payment, set-off or any other manner other than through the Facility Agent under in accordance with this Agreement (a “recovery”), then:
(a) the recovering Finance Party must, within three Business Days, supply details of the recovery to the Facility Agent;
(b) the Facility Agent must calculate whether the recovery is in excess of the amount which the recovering Finance Party would have received if the recovery had been received and distributed by the Facility Agent under this Agreement; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to such the excess (the “redistribution”).
Appears in 1 contract
Sources: Credit Facilities Agreement