Reversal of redistribution. If any part of the Sharing Payment received or recovered by a Recovering Finance Party becomes repayable and is repaid by that Recovering Finance Party, then: (a) each Sharing Finance Party must, on request of the Facility Agent, pay to the Facility Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Sharing Payment (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Sharing Payment which that Recovering Finance Party is required to pay) (the “Redistributed Amount”); (b) at the time of the request by the Facility Agent under paragraph (a) above, the Sharing Finance Party will be subrogated to the rights of the Recovering Finance Party in respect of the relevant Redistributed Amount; and (c) if and to the extent that the Sharing Finance Party is not able to rely on its rights under paragraph (b) above as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor.
Appears in 2 contracts
Sources: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Reversal of redistribution. (A) If any part of the Sharing Payment Shared Amount received or recovered by a Recovering Finance Party becomes repayable to an Obligor and is repaid by that Recovering Finance PartyParty to that Obligor, then:
(ai) each Sharing Finance Party mustshall, on upon request of the Facility Security and Intercreditor Agent, pay to the Facility Security and Intercreditor Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Sharing Payment Shared Amount (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Sharing Payment Shared Amount which that Recovering Finance Party is required to pay) (the “Redistributed Amount”);
(b) at the time of the request by the Facility Agent under paragraph (a) above, the Sharing Finance Party will be subrogated to the rights of the Recovering Finance Party in respect of the relevant Redistributed Amount; and
(cii) if and to the extent that the Sharing Finance Party is not able to rely on its rights under paragraph (b) above as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor.
(B) The Security and Intercreditor Agent shall not be obliged to pay any Redistributed Amount to a Recovering Finance Party under paragraph (A)(i) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance Party.
Appears in 2 contracts
Sources: Intercreditor and Security Sharing Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.)
Reversal of redistribution. If any part of the Sharing Payment received or recovered by a Recovering Finance Party becomes repayable and is repaid by that Recovering Finance Party, then:
(a) each Sharing Finance Party mustshall, on upon request of the Facility Agent, pay to the Facility Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Sharing Payment (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Sharing Payment which that Recovering Finance Party is required to pay) (the “Redistributed Amount”);
(b) at the time of the request by the Facility Agent under paragraph (a) above, the Sharing Finance Party will be subrogated to the rights of the Recovering Finance Party in respect of the relevant Redistributed Amount; and
(c) if and to the extent that the Sharing Finance Party is not able to rely on its rights under paragraph (b) above as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor and the relevant Obligor shall indemnify the Sharing Finance Party against a payment under clause 31.4(a) to the extent that the relevant Obligor's liability has been discharged by the recovery or payment; and Loan Note Subscription Agreement | DLA Piper | 125
(c) to the extent necessary, any debt assigned under clause 31.3(b) (Recovering Finance Party's rights) will be reassigned.
Appears in 2 contracts
Sources: Loan Note Subscription Agreement (Metals Acquisition LTD), Loan Note Subscription Agreement (Metals Acquisition Corp)
Reversal of redistribution. If any part of the Sharing Payment received or recovered by a Recovering Finance Party becomes repayable and is repaid by that Recovering Finance Party, then:
(a) each Sharing Finance Party mustshall, on upon request of the Facility Agent, pay to the Facility Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Sharing Payment (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Sharing Payment which that Recovering Finance Party is required to pay) (the “"Redistributed Amount”");
(b) at the time of the request by the Facility Agent under paragraph (a) above, the Sharing Finance Party will be subrogated to the rights of the Recovering Finance Party in respect of the relevant Redistributed Amount; and
(c) if and to the extent that the Sharing Finance Party is not able to rely on its rights under paragraph (b) above as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor and the relevant Obligor shall indemnify the Sharing Finance Party against a payment under sub-paragraph (a) to the extent that the relevant Obligor's liability has been discharged by the recovery or payment; and
(c) to the extent necessary, any debt assigned under paragraph (b) of Clause 34.3 (Recovering Finance Party's rights) will be reassigned.
Appears in 2 contracts
Sources: Syndicated Facility Agreement (Metals Acquisition LTD), Syndicated Facility Agreement (Metals Acquisition Corp)
Reversal of redistribution. If To the extent that any part of the Sharing Payment amount received or recovered by a Recovering Finance Party (which amount gives rise to any Sharing Payment) becomes repayable and is repaid by that Recovering Finance Party, then:
(a) each Lender or Swap Counterparty which has received a share of such Sharing Finance Party mustPayment pursuant to Clause 4.2 (Redistribution of payments) shall, on upon request of the Facility any Transaction Agent, pay to the Facility Agent (or, if that Recovering Finance Party is a Swap Counterparty, the Security Agent) for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the such Sharing Payment (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Sharing Payment such repayable amount which that Recovering Finance Party is required to pay) (the “Redistributed Amount”);; and
(b) at the time of the request by the Facility Agent under paragraph (a) above, the Sharing that Recovering Finance Party will be subrogated to the Party’s rights of the Recovering Finance Party subrogation in respect of any reimbursement shall be cancelled and the relevant Redistributed Amount; and
Relevant Obligor (c) if and to party hereto, or if the extent that the Sharing Finance Party Relevant Obligor is not able to rely on its rights under paragraph (bparty hereto, the Borrower) above as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligorliable to each reimbursing Lender for the amount so reimbursed.
Appears in 2 contracts
Sources: Security Trust Deed (SinoTech Energy LTD), Security Trust Deed (SinoTech Energy LTD)
Reversal of redistribution. (A) If any part of the Sharing Payment Shared Amount received or recovered by a Recovering Finance Party becomes repayable to an Obligor and is repaid by that Recovering Finance PartyParty to that Obligor, then:
(ai) each Sharing Finance Party mustshall, on upon request of the Facility Proceeds Agent, pay to the Facility Proceeds Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Sharing Payment Shared Amount (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Sharing Payment Shared Amount which that Recovering Finance Party is required to pay) (the “Redistributed Amount”);
(b) at the time of the request by the Facility Agent under paragraph (a) above, the Sharing Finance Party will be subrogated to the rights of the Recovering Finance Party in respect of the relevant Redistributed Amount; and
(cii) if and to the extent that the Sharing Finance Party is not able to rely on its rights under paragraph (b) above as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor.
(B) The Proceeds Agent shall not be obliged to pay any Redistributed Amount to a Recovering Finance Party under paragraph (A)(i) above until it has been able to establish to its satisfaction that it has actually received that Redistributed Amount from the relevant Sharing Finance Party.
Appears in 1 contract
Reversal of redistribution. If any part of the Sharing Payment received or recovered by a Recovering Finance Party becomes repayable and is repaid by that Recovering Finance Party, then:
(a) each Sharing Finance Party mustshall, on upon request of the Facility Agent, pay to the Facility Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Sharing Payment (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Sharing Payment which that Recovering Finance Party is required to pay) (the “Redistributed Amount”);; and
(b) at the time of the request by the Facility Agent under paragraph (a) above, the Sharing Finance Party will be subrogated to the rights of the Recovering Finance Party in respect of the relevant Redistributed Amount; and
(c) if and to the extent that the Sharing Finance Party is not able to rely on its rights under paragraph (b) above as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor. Each Obligor acknowledges that each Lender is, for the purpose of such Sharing Payments, entitled to debit the account of each Obligor accordingly. For the avoidance of doubt, a Sharing Payment among the Lenders does not reduce or restrict the obligations of any Obligor under this Agreement in any way.
Appears in 1 contract
Sources: Senior Revolving Credit Facility Agreement (Logitech International Sa)
Reversal of redistribution. If any part of the Sharing Payment received or recovered by a Recovering Finance Party becomes repayable and is repaid by that Recovering Finance Party, then:
(a) each Sharing Finance Party mustwhich has received a share of the relevant Sharing Payment pursuant to Clause 27.2 (Redistribution of payments) shall, on upon request of the Facility Administrative Agent, pay to the Facility Administrative Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Sharing Payment (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Sharing Payment which that Recovering Finance Party is required to pay) (the “Redistributed Amount”);
(b) at the time of the request by the Facility Agent under paragraph (a) above, the Sharing that Recovering Finance Party will be subrogated to the Party’s rights of the Recovering Finance Party subrogation in respect of any reimbursement shall be cancelled and the relevant Redistributed AmountObligor will be liable to the reimbursing Finance Party for the amount so reimbursed; and
(c) if and to the extent that overall liabilities of an Obligor under the Sharing Finance Documents shall not be increased as a result of any amount received or recovered by a Finance Party is not able being applied in accordance with Clause 27.1 (Payments to rely on its rights under Finance Parties) and the relevant Obligor becoming liable for the Recovering Finance Party in accordance with paragraph (b) above as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligorabove.
Appears in 1 contract
Reversal of redistribution. If any part of the Sharing Payment received or recovered by a Recovering Finance Party becomes repayable and is repaid by that Recovering Finance Party, then:
(a) each Sharing Finance Party must, on request of the Facility Agent, pay to the Facility Agent for the account of that Recovering Finance Party an amount equal to the appropriate part of its share of the Sharing Payment (together with an amount as is necessary to reimburse that Recovering Finance Party for its proportion of any interest on the Sharing Payment which that Recovering Finance Party is required to pay) (the “Redistributed Amount”);
(b) at the time of the request by the Facility Agent under paragraph (a) above, the Sharing Finance Party will be subrogated to the rights of the Recovering Finance Party in respect of the relevant Redistributed Amount; and
(c) if and to the extent that the Sharing Finance Party is not able to rely on its rights under paragraph (b) above as between the relevant Obligor and each relevant Sharing Finance Party, an amount equal to the relevant Redistributed Amount will be treated as not having been paid by that Obligor.
Appears in 1 contract