Common use of Adjustment of Payments Clause in Contracts

Adjustment of Payments. If, for any reason, we make any payment to you before we have received or applied the corresponding payment on an Asset (it being understood that we are under no obligation to do so), and we do not receive or apply the corresponding payment within five business days of our payment to you, you will, at our request, promptly return that payment to us (together with interest on that payment at the overnight rate for Federal funds transactions between member banks of the Federal Reserve System, as published by the Federal Reserve Bank of New York, for each day from the making of that payment to you until its return to us). If, after we have paid you your Pro Rata Share of any payment received or applied by us in respect of any Asset, that payment or application is rescinded or must otherwise be returned or paid over by us, whether pursuant to any bankruptcy or insolvency law, the sharing of payments clause of any loan agreement or otherwise, you will, at our request, promptly return your Pro Rata Share of that payment or application to us, together with your Pro Rata Share of any interest or other amount required to be paid by us with respect to that payment or application.

Appears in 3 contracts

Sources: Master Participation and Servicing Agreement (Pfgi Capital Corp), Master Participation and Servicing Agreement (Provident Financial Group Inc), Master Participation and Servicing Agreement (Pfgi Capital Corp)