Redistribution. If a Finance Party (the recovering Finance Party) receives or recovers any amount from an Obligor other than in accordance with this Agreement (a recovery) and applies that amount to a payment due under a Finance Document, 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 in accordance with this Agreement without taking account of any Tax which would be imposed on the Facility Agent in relation to a recovery or distribution; and (c) the recovering Finance Party must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 12 contracts
Sources: Credit Agreement, Credit Agreement (Eros International PLC), Credit Facilities Agreement (Amec PLC)
Redistribution. If a Finance Party (the recovering Finance Party) receives or recovers any amount from an Obligor the Company other than in accordance with this Agreement (a recovery) and applies that amount to a payment due under a Finance Document, 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 in accordance with this Agreement without taking account of any Tax which would be imposed on the Facility Agent in relation to a recovery or distribution; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 5 contracts
Sources: Revolving Credit Facility Agreement (MGM Resorts International), Revolving Credit Facility Agreement (MGM Resorts International), Revolving Credit Facility Agreement (MGM Resorts International)
Redistribution. If a Finance Party (the recovering Finance Party) receives or recovers any amount from an Obligor other than in accordance with this First Facility Letter and the Framework Agreement (a recovery) and applies that amount to a payment due under a Finance Document, 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 in accordance with this First Facility Letter and the Framework Agreement without taking account of any Tax which would be imposed on the Facility Agent in relation to a the recovery or distribution; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Sources: First Ekf Facility Letter (Votorantim Cimentos S.A.)
Redistribution. If a Finance Party (the recovering Finance Party) receives or recovers any amount from an Obligor other than in accordance with this Agreement (a recovery) and applies that amount to a payment due under a Finance Document, 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 in accordance with this Agreement without taking account of any Tax which would be imposed on the Facility Agent in relation to a the recovery or distribution; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Redistribution. If a Finance Party (the recovering Finance Party) receives or recovers any amount from an Obligor other than in accordance with this Agreement (a recovery) and applies that amount to a payment due under a Finance Document, 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 in accordance with this Agreement or the Security Trust and Intercreditor Deed without taking account of any Tax which would be imposed on the Facility Agent in relation to a recovery or distribution; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Redistribution. If a Finance Party (the recovering Finance Party) receives or recovers any amount from an Obligor other than in accordance with this Agreement (a recovery) and applies that amount to a payment due under a Finance Document, then:
(a) the recovering Finance Party must, within three Business Days, supply details of the recovery to the Facility Administrative Agent;
(b) the Facility Administrative 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 Administrative Agent in accordance with this Agreement without taking account of any Tax which would be imposed on the Facility Administrative Agent in relation to a recovery or distribution; and
(c) the recovering Finance Party must pay to the Facility Administrative Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Redistribution. If a Finance Party (the recovering Finance Party) receives or recovers any amount from an Obligor other than in accordance with this Second Facility Letter and the Framework Agreement (a recovery) and applies that amount to a payment due under a Finance Document, 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 in accordance with this Second Facility Letter and the Framework Agreement without taking account of any Tax which would be imposed on the Facility Agent in relation to a the recovery or distribution; and
(c) the recovering Finance Party must pay to the Facility Agent an amount equal to the excess (the redistribution).
Appears in 1 contract
Sources: Second Ekf Facility Letter (Votorantim Cimentos S.A.)