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This excerpt taken from the LUX 20-F filed Jun 28, 2006. Recovering
Finance Party) receives or recovers any amount from an Obligor
other than in accordance with Clause 30 (Payment
mechanics) and applies that amount to a payment due under the
Finance Documents then:
(a) the Recovering Finance Party shall, within three Business Days, notify details of the receipt or recovery, to the Agent;(b) the Agent shall determine whether the receipt or recovery is in excess of the amount the Recovering Finance Parry would have been paid had the receipt or recovery been received or made by the Agent and distributed in accordance with Clause 30 (Payment mechanics), without taking account of any Tax which would be imposed on the Agent in relation to the receipt, recovery or distribution; and(c) the Recovering Finance Party shall, within three Business Days of demand by the Agent, pay to the Agent an amount (the |
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