Common use of Erroneous Information Clause in Contracts

Erroneous Information. For up to one year after the full and final payment in cash and performance of the Obligations and the termination of Agent’s and Banks’ obligations to make extensions of credit to Borrower hereunder, if any financial statement or certificate required by this Agreement is shown to be inaccurate (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, would have led to the application of a higher LIBOR Margin (under Section 2.5(d)) or unused fee (under Section 2.6) for any period (an “Applicable Period”) than the LIBOR Margin or such unused fee applied for such Applicable Period, then (a) Borrower shall immediately deliver to Agent a corrected certificate for such Applicable Period, (ii) the LIBOR Margin and unused fee for such Applicable Period shall be determined by reference to such certificate, and (iii) Borrower shall pay Agent on demand, the accrued additional interest or unused fee owing as a result of such increased Applicable Margin for such Applicable Period, which payment shall be promptly paid over by Agent to the Banks in accordance with their respective Pro Rata Shares in accordance with the terms hereof.

Erroneous Information. For up to one year after the full and final payment in cash and performance of the Obligations and the termination of Agent’s and Banks’ obligations to make extensions of credit to Borrower hereunder, if any financial statement or certificate required by this Agreement is shown to be inaccurate (regardless of whether this Agreement or the Commitments are in effect when such inaccuracy is discovered), and such inaccuracy, if corrected, would have led to the application of a higher LIBOR Margin (under Section 2.5(d)) or unused fee (under Section 2.6) for any period (an “Applicable Period”) than the LIBOR Margin or such unused fee applied for such Applicable Period, then (a) Borrower shall immediately deliver to Agent a corrected certificate for such Applicable Period, (iiiib) the LIBOR Margin and unused fee for such Applicable Period shall be determined by reference to such certificate, and (iiiiiic) Borrower shall pay Agent on demand, the accrued additional interest or unused fee owing as a result of such increased Applicable ApplicableLIBOR Margin for such Applicable Period, which payment shall be promptly paid over by Agent to the Banks in accordance with their respective Pro Rata Shares in accordance with the terms hereof.