Erroneous Application. Administrative Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender or other Person to which such amount should have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Party, the Secured Party agrees to return it).
Appears in 14 contracts
Sources: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)
Erroneous Application. Administrative Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender or other Person to which such amount should have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Partyany Lender, the Secured Party such Lender hereby agrees to return it).
Appears in 7 contracts
Sources: Credit and Guaranty Agreement (Core Scientific, Inc./Tx), Loan and Security Agreement (Core Scientific, Inc./Tx), Term Loan and Security Agreement (Commercial Vehicle Group, Inc.)
Erroneous Application. Administrative Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender or other Person to which such amount should ought to have been made shall be to recover the amount from the Person that which actually received it (and, if such amount was received by a any Secured Party, then such Secured Party, by accepting the Secured Party benefits of this Agreement, agrees to return it).
Appears in 5 contracts
Sources: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.)
Erroneous Application. Administrative Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender Secured Party or other Person to which such amount should have been made paid shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Party, the Secured Party agrees to return it).
Appears in 3 contracts
Sources: Loan and Security Agreement (CSI Compressco LP), Loan and Security Agreement (CSI Compressco LP), Loan and Security Agreement (CSI Compressco LP)
Erroneous Application. The Administrative Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender or other Person to which such amount should have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Partyany Lender, the Secured Party such Lender hereby agrees to return it).
Appears in 3 contracts
Sources: Senior Secured Super Priority Debtor in Possession Loan and Security Agreement (Core Scientific, Inc./Tx), Loan and Security Agreement (Core Scientific, Inc./Tx), First Amendment Agreement (United Natural Foods Inc)
Erroneous Application. Administrative Agent shall not be liable for any application of amounts made by it pursuant to this Section 5.5 if made in good faith Good Faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender or other Person to which such amount should ought to have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a any Secured Party, then such Secured Party, by accepting the Secured Party benefits of this Agreement, agrees to return it).
Appears in 2 contracts
Sources: Credit Agreement and Security Agreement (Alpha Metallurgical Resources, Inc.), Credit Agreement (Alpha Metallurgical Resources, Inc.)
Erroneous Application. Administrative Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender Secured Party or other Person to which such amount should have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Party, the Secured Party agrees to return it).
Appears in 2 contracts
Sources: Loan and Security Agreement (Par Pacific Holdings, Inc.), Loan and Security Agreement (Par Pacific Holdings, Inc.)
Erroneous Application. The Administrative Agent shall not be liable for any application of amounts made by it pursuant to Section 8.03 in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender or other Person to which such amount should have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Partyany Lender, the Secured Party such Lender hereby agrees to return it).
Appears in 2 contracts
Sources: Revolving Credit Agreement (Western Refining, Inc.), Revolving Credit Agreement (Western Refining, Inc.)
Erroneous Application. The Administrative Agent shall not be liable for any application of amounts made by it pursuant to Section β8.03 in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender or other Person to which such amount should have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Partyany Lender, the Secured Party such Lender hereby agrees to return it).
Appears in 2 contracts
Sources: Revolving Credit Agreement (Western Refining, Inc.), Revolving Credit Agreement (Western Refining, Inc.)
Erroneous Application. Administrative Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Lender or other Person to which such amount should have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Party, the Secured Party agrees to return it).. Amended & Restated Loan Agreement (PF)
Appears in 1 contract
Sources: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)