Common use of Recovery of Erroneous Payments Clause in Contracts

Recovery of Erroneous Payments. Without limitation of any other provision of this Agreement, if, at any time, the Administrative Agent makes a payment hereunder in error to any Lender, whether or not in respect of an Obligation then due and owing by any Borrower at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, in any such event, each Lender receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, in immediately available funds in Dollars, with interest thereon, for each day from, and including, the date on which such Rescindable Amount (or portion thereof) is received by or made available to it to, but excluding, the date of payment thereof to the Administrative Agent, at the Overnight Rate. Each Lender irrevocably waives any and all defenses, including any “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 (or portion thereof) received by it. The Administrative Agent shall inform each Lender promptly upon determining that any payment made to such Lender comprised, in whole or in part, a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any LenderLender or to the Borrower, whether or not in respect of an Obligation then due and owing by any the Borrower at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, then in any such event, each Lender and the Borrower receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, Lender or the Borrower in immediately available funds in Dollarsthe currency so received, with interest thereon, for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender and the Borrower irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender or the Borrower ▇▇▇▇-▇▇▇▇-▇▇▇▇.13 promptly upon determining that any payment made to such Lender or the Borrower comprised, in whole or in part, a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any of the L/C Issuers, the Swingline Lender, or any Lender (together with the Administrative Agent, each a “Credit Party”), whether or not in respect of an Obligation then due and owing by any Borrower the Borrowers at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, then in any such event, each Lender Credit Party receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, Credit Party in immediately available funds in Dollarsthe currency so received, with interest thereon, for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender Credit Party irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender Credit Party promptly upon determining that any payment made to such Lender Credit Party comprised, in whole or in part, a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any LenderLender or any Issuing Lender (each, a “Payment Recipient”), whether or not in respect of an Obligation then due and owing by any the Borrower at such timetime (any such payment, where such payment (or any portion thereof) is a Rescindable Amountan “Erroneous Payment”), then, then in any such event, each Lender Payment Recipient receiving a Rescindable Amount (or portion thereof) an Erroneous Payment severally agrees to repay to the Administrative Agent forthwith on promptly upon demand the Rescindable Amount (or portion thereof) Erroneous Payment received by such Lender, Payment Recipient in immediately available funds (and in Dollarsthe currency so received), with interest thereon, thereon for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) Erroneous Payment is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender Payment Recipient irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itErroneous Payment. The Administrative Agent shall inform each Lender Payment Recipient promptly upon determining that any payment made to such Lender Payment Recipient comprised, in whole or in part, a Rescindable Amount.in

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any LenderLender or any L/C Issuer (the “Lender Recipient Party”), whether or not in respect of an Obligation then due and owing by any the Borrower at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, then in any such event, each Lender Recipient Party receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, Lender Recipient Party in immediately available funds in Dollarsthe currency so received, with interest thereon, for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender Recipient Party irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender Recipient Party promptly upon determining that any payment made to such Lender Recipient Party comprised, in whole or in part, a Rescindable Amount. ARTICLE XI I MISCELLANEOUS

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any LenderLender Recipient Party, whether or not in respect of an Obligation then due and owing by any the Borrower at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, then in any such event, each Lender Recipient Party receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand demand, but in no event later than two Business Days thereafter, the Rescindable Amount (or portion thereof) received by such Lender, Lender Recipient Party in immediately available funds in Dollarsthe currency so received, with interest thereon, for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender Recipient Party irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender Recipient Party promptly upon determining that any payment made to such Lender Recipient Party comprised, in whole or in part, a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any LenderLender or any L/C Issuer (the “Lender Recipient Party”), whether or not in respect of an Obligation then due and owing by any Borrower the Borrowers at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, then in any such event, each Lender Recipient Party receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, Lender Recipient Party in immediately available funds in Dollarsthe currency so received, with interest thereon, for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender Recipient Party irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender Recipient Party promptly upon determining that any payment made to such Lender Recipient Party comprised, in whole or in part, a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any LenderLender or the L/C Issuer (the “CreditRecipient Party”), whether or not in respect of an Obligation then due and owing by any the Borrower at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, then in any such event, each Lender CreditLender Recipient Party receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, CreditLender Recipient Party in immediately available funds in Dollarsthe currency so received, with interest thereon, for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender CreditLender Recipient Party irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender CreditLender Recipient Party promptly upon determining that any payment made to such Lender CreditLender Recipient Party comprised, in whole or in part, a Rescindable Amount. ARTICLE X MISCELLANEOUS Section 10.

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, the time Administrative Agent makes a payment hereunder in error to any LenderLender or any L/C Issuer, whether or not in respect of an Obligation then due and owing by any Borrower at such time, where such payment (or any portion thereof) is a ▇▇▇▇-▇▇▇▇-▇▇▇▇ v.3 Rescindable Amount, then, then in any such event, each Lender or L/C Issuer receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, Lender or L/C Issuer in immediately available funds in Dollarsthe currency so received, with interest thereon, for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender and L/C Issuer irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender and L/C Issuer promptly upon determining that any payment made to such Lender or L/C Issuer comprised, in whole or in part, a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision of this Agreementherein, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any LenderLender or L/C Issuer, whether or not in respect of an Obligation then due and owing by any Borrower the Borrowers at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, then in any such event, event each Lender or L/C Issuer receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, Lender or L/C Issuer in immediately available funds in Dollarsthe currency so received, with interest thereon, thereon for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof repayment to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender or L/C Issuer 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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender or L/C Issuer promptly upon determining that any payment made to such Lender or L/C Issuer was comprised, in whole or in part, of a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any LenderLender and/or Issuing Bank, whether or not in respect of an Obligation then due and owing by any Borrower at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, then in any such event, each Lender and/or any Issuing Bank receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, Lender and/or Issuing Bank in immediately available funds Same Day Funds in Dollarsthe currency so received, with interest thereon, for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender and Issuing Bank irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender and/or any Issuing Bank promptly upon determining that any payment made to such Lender and/or Issuing Bank comprised, in whole or in part, a Rescindable Amount.

Recovery of Erroneous Payments. Without limitation of any other provision of in this Agreement, if, if at any time, time the Administrative Agent makes a payment hereunder in error to any LenderLender or the L/C Issuer, whether or not in respect of an Obligation then due and owing by any Borrower at such time, where such payment (or any portion thereof) is a Rescindable Amount, then, then in any such event, each Lender and the L/C Issuer receiving a Rescindable Amount (or portion thereof) severally agrees to repay to the Administrative Agent forthwith on demand the Rescindable Amount (or portion thereof) received by such Lender, Lender or the L/C Issuer in immediately available funds in Dollarsthe currency so received, with interest thereon, for each day from, from and including, including the date on which such Rescindable Amount (or portion thereof) is received by or made available it to it to, but excluding, excluding the date of payment thereof to the Administrative Agent, at the Overnight Rategreater of the Federal Funds Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation. Each Lender and the L/C Issuer irrevocably waives any and all defenses, including any “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 (or portion thereof) received by itAmount. The Administrative Agent shall inform each Lender promptly upon determining that any payment made to such Lender or the L/C Issuer comprised, in whole or in part, a Rescindable Amount.