Common use of Recovery of Erroneous Payments Clause in Contracts

Recovery of Erroneous Payments. Without limitation of any other provision herein, if at any time Agent makes a payment hereunder in error to any Secured Party, whether or not in respect of an Obligation due and owing by Borrowers at such time, where such payment is a Rescindable Amount, then in any such event each Secured Party receiving a Rescindable Amount severally agrees to repay to Agent forthwith on demand the Rescindable Amount received by such Secured Party in immediately available funds in the currency so received, with interest thereon for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment to Agent, at the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation. Each Secured Party irrevocably waives any and all defenses, including any defense of discharge for value (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. Agent shall inform each Secured Party promptly upon determining that any payment made to such Secured Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Agent makes a payment hereunder in error to any Secured other Credit Party, whether or not in respect of an Obligation due and owing by the Borrowers at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Credit Party receiving a Rescindable Amount severally agrees to repay to the Agent forthwith on demand the Rescindable Amount received by such Secured Credit Party in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Agent, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Credit Party irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Credit Party promptly upon determining that any payment made to such Secured Credit Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time Agent makes a payment hereunder in error to any Secured PartyLender, whether or not in respect of an Obligation due and owing by the Borrowers at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Lender receiving a Rescindable Amount severally agrees to repay to Agent forthwith on demand the Rescindable Amount received by such Secured Party Lender in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to Agent, at the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation. Each Secured Party Lender irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. Agent shall inform each Secured Party Lender promptly upon determining that any payment made to such Secured Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Administrative Agent makes a payment hereunder in error to any Secured Lender Party, whether or not in respect of an Obligation due and owing by Borrowers a Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Lender Party receiving a Rescindable Amount severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount received by such Secured Lender Party in immediately available funds Same Day Funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Administrative Agent, at the greater of applicable Overnight Rate from time to time in effect in the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensationapplicable currency. Each Secured Lender Party irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Administrative Agent shall inform each Secured Lender Party promptly upon determining that any payment made to such Secured Lender Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision herein, if at any time the Agent makes a payment hereunder in error to any Secured Party, whether or not in respect of an Obligation due and owing by Borrowers at such time, where such payment is a Rescindable Amount, then in any such event each Secured Party receiving a Rescindable Amount severally agrees to repay to the Agent forthwith promptly on demand (but in no event later than two Business Days) the Rescindable Amount received by such Secured Party in immediately available funds in the currency so received, with interest thereon for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment to Agent, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Party irrevocably waives any and all defenses, including any defense of discharge for value (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Party promptly upon determining that any payment made to such Secured Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Agent makes a payment hereunder in error to any Secured Credit Party, whether or not in respect of an Obligation due and owing by Borrowers the Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Credit Party receiving a Rescindable Amount severally agrees to repay to the Agent forthwith on demand the Rescindable Amount received by such Secured Credit Party in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Agent, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Credit Party irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Credit Party promptly upon determining that any payment made to such Secured Credit Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time any Agent makes a payment hereunder in error to any Secured Credit Party, whether or not in respect of an Obligation due and owing by the Borrowers at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Credit Party receiving a Rescindable Amount severally agrees to repay to such Agent forthwith on demand the Rescindable Amount received by such Secured Credit Party in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to such Agent, at the greater of the Federal Funds Rate and a rate determined by such Agent in accordance with banking industry rules on interbank compensation. Each Secured Credit Party irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The applicable Agent shall inform each Secured applicable Credit Party promptly upon determining that any payment made to such Secured Credit Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Agent makes a payment hereunder in error to any Secured PartyBank, whether or not in respect of an Obligation obligation due and owing by Borrowers the Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Bank receiving a Rescindable Amount severally agrees to repay to the Agent forthwith on demand the Rescindable Amount received by such Secured Party Bank in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Agent, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Party Bank irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Party Bank promptly upon determining that any payment made to such Secured Party was Bank comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision herein, if at any time Agent makes a payment hereunder in error to any Secured Party, whether or not in respect of an Obligation due and owing by Borrowers at such time, where such payment is a time (“Rescindable Amount”), then in any such event each Secured Party receiving a the Rescindable Amount severally agrees to repay to Agent Agent, forthwith on demand made by the Agent within ninety (90) days of the date the Agent shall have made such payment to such Secured Party, the Rescindable Amount received by such Secured Party in immediately available funds in the currency so received, with interest thereon for each day from and including the date such Rescindable Amount is received by it such Secured Party to but excluding the date of repayment to Agent, at the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensationRate. Each Secured Party irrevocably waives any and all defenses, including any defense of discharge for value (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. Agent shall inform each Secured Party promptly upon determining that any payment made to such Secured Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Administrative Agent makes a payment hereunder in error to any Secured Lender (the “Credit Party”), whether or not in respect of an Obligation due and owing by Borrowers any Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Credit Party receiving a Rescindable Amount severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount received by such Secured Credit Party in immediately available funds in the currency so receivedfunds, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensationper annum equal to the applicable Overnight Rate. Each Secured Credit Party irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Administrative Agent shall inform each Secured Credit Party promptly upon determining that any payment made to such Secured Credit Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Agent makes a payment hereunder in error to any Secured PartyBank, whether or not in respect of an Obligation due and owing by Borrowers the Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Bank receiving a Rescindable Amount severally agrees to repay to the Agent forthwith on demand the Rescindable Amount received by such Secured Party Bank in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Agent, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Party Bank irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Party Bank promptly upon determining that any payment made to such Secured Party was Bank comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision herein, if at any time Agent makes a payment hereunder in error to any Secured Party, whether or not in respect of an Obligation due and owing by Borrowers Obligors at such time, where such payment is a Rescindable Amount, then in any such event each Secured Party receiving a Rescindable Amount severally agrees to repay to Agent forthwith on demand the Rescindable Amount received by such Secured Party in immediately available funds in the currency so received, with interest thereon for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment to Agent, at the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation. Each Secured Party irrevocably waives any and all defenses, including any defense of discharge for value (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. Agent shall inform each Secured Party promptly upon determining that any payment made to such Secured Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Agent makes a payment hereunder in error to any Secured PartyLender, whether or not in respect of an Obligation obligation due and owing by Borrowers any Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Lender receiving a Rescindable Amount severally agrees to repay to the Agent forthwith on demand the Rescindable Amount received by such Secured Party Lender in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Agent, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Party Lender irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Party Lender promptly upon determining that any payment made to such Secured Party was Lender comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Administrative Agent makes a payment hereunder in error to any Secured Lender Party, whether or not in respect of an Obligation due and owing by Borrowers any Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Lender Party receiving a Rescindable Amount severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount received by such Secured Lender Party in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensationper annum equal to the applicable Overnight Rate. Each Secured Lender Party irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Administrative Agent shall inform each Secured Lender Party promptly upon determining that any payment made to such Secured Lender Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Agent makes a payment hereunder in error to any Secured PartyLender, whether or not in respect of an Obligation obligation due and owing by Borrowers the Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Lender receiving a Rescindable Amount severally agrees to repay to the Agent forthwith on demand the Rescindable Amount received by such Secured Party Lender in immediately available funds in the currency so receivedSame Day Funds, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Agent, at the greater of the Federal Funds Overnight Bank Funding Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Party Lender irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Party Lender promptly upon determining that any payment made to such Secured Party was Lender comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time Agent makes a payment hereunder in error to any Secured Party, whether or not in respect of an Obligation due and owing by Borrowers at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party receiving a Rescindable Amount severally agrees to repay to Agent forthwith on demand the Rescindable Amount received by such Secured Party in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to Agent, at the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation. Each Secured Party irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. Agent shall inform each Secured Party promptly upon determining that any payment made to such Secured Party was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Agent makes a payment hereunder in error to any Secured PartyLender, whether or not in respect of an Obligation due and owing by Borrowers the Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Lender receiving a Rescindable Amount severally agrees to repay to the Agent forthwith on demand the Rescindable Amount received by such Secured Party Lender in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Agent, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Party Lender irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Party Lender promptly upon determining that any payment made to such Secured Party was Lender comprised, in whole or in part, of a Rescindable Amount.. 174

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time Agent Tiger makes a payment hereunder in error to any Secured Partyother Lender, whether or not in respect of an Obligation due and owing by Borrowers any Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Lender receiving a Rescindable Amount severally agrees to repay to Agent Tiger forthwith on demand the Rescindable Amount received by such Secured Party Lender in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to AgentTiger, at the greater of the Federal Funds Rate and a rate determined by Agent Tiger in accordance with banking industry rules on interbank compensation. Each Secured Party Lender irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. Agent Tiger shall inform each Secured Party Lender promptly upon determining that any payment made to such Secured Party was Lender comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time Agent makes a payment hereunder in error to any Secured PartyLender, whether or not in respect of an Obligation due and owing by Borrowers at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Lender receiving a Rescindable Amount severally agrees to repay to Agent forthwith on demand the Rescindable Amount received by such Secured Party Lender in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to Agent, at the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation. Each Secured Party Lender irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. Agent shall inform each Secured Party Lender promptly upon determining that any payment made to such Secured Party was Lender comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision herein, if If at any time the Administrative Agent makes a payment hereunder in error to any Secured PartyLender, whether or not in respect of an Obligation due and owing by Borrowers the Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Lender receiving a Rescindable Amount severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount received by such Secured Party Lender in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Administrative Agent, at the greater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Secured Party Lender irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Administrative Agent shall inform each Secured Party Lender promptly upon determining that any payment made to such Secured Party was Lender comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Agent makes a payment hereunder in error to any Secured Credit Party, whether or not in respect of an Obligation due and owing by Borrowers the Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Credit Party receiving a Rescindable Amount severally agrees to repay to the Agent forthwith on demand the Rescindable Amount received by such Secured Credit Party in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Agent, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Credit Party irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Credit Party promptly upon determining that any payment made to such Secured Credit Party was comprised, in whole or in part, of a Rescindable Amount. 16 [RESERVED].

Recovery of Erroneous Payments. Without limitation of any other provision hereinin this Agreement, if at any time the Agent makes a payment hereunder in error to any Secured PartyBank, whether or not in respect of an Obligation Obligationobligation due and owing by Borrowers the Borrower at such time, where such payment is a Rescindable Amount, then in any such event event, each Secured Party Bank receiving a Rescindable Amount severally agrees to repay to the Agent forthwith on demand the Rescindable Amount received by such Secured Party Bank in immediately available funds in the currency so received, with interest thereon thereon, for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment payment to the Agent, at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation. Each Secured Party Bank irrevocably waives any and all defenses, including any defense of “discharge for value value” (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. The Agent shall inform each Secured Party Bank promptly upon determining that any payment made to such Secured Party was Bank comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision herein, if at any time Agent makes a payment hereunder in error to any Secured Party, whether or not in respect of an Obligation due and owing by Borrowers the Obligors at such time, where such payment is a Rescindable Amount, then in any such event each Secured Party receiving a Rescindable Amount severally agrees to repay to Agent forthwith on demand the Rescindable Amount received by such Secured Party in immediately available funds in the currency so received, with interest thereon for each day from and including the date such Rescindable Amount is received by it to but excluding the date of repayment to Agent, at the greater of the Federal Funds Rate and a rate determined by Agent in accordance with banking industry rules on interbank compensation. Each Secured Party irrevocably waives any and all defenses, including any defense of discharge for value (under which a creditor might otherwise claim a right to retain funds mistakenly paid by a third party in respect of a debt owed by another) or similar defense to its obligation to return any Rescindable Amount. Agent shall inform each Secured Party promptly upon determining that any payment made to such Secured Party was comprised, in whole or in part, of a Rescindable Amount.