Return of Monies Sample Clauses

The 'Return of Monies' clause requires one party to refund payments or deposits to the other party under certain conditions, such as contract termination or failure to deliver goods or services. Typically, this clause outlines the circumstances triggering a refund, the timeframe for returning the funds, and any deductions or adjustments that may apply. Its core practical function is to ensure financial fairness and clarity by specifying when and how money should be returned, thereby reducing disputes over payments if the contract does not proceed as planned.
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Return of Monies. Without prejudice to the Indemnity as aforesaid, in the event of a Buyer’s Termination Notice being issued then the Sellers agree that any and all monies paid by the Buyer to the Sellers by virtue hereof (if any) including any and all monies held in escrow (if at all) shall be refunded and returned forthwith to the Buyer. This provision does not include or pertain to any monies paid by the Buyer to consultants, contractors, suppliers or vendors retained to support the due diligence efforts during the Escrow Period. For the avoidance of doubt: If escrow has not closed and a Buyer’s Termination Notice is given after the 45 day Escrow Period has expired, the ▇▇▇▇▇▇▇ Money shall be immediately refunded to the Buyer's designated bank account and Buyer shall reconvey back to the Sellers any rights or interest Buyer might’ve acquired in such Mining, Water and Mineral Rights; If the Seller has completed the transaction with BNSF/Newmont and satisfied all the conditions under Termination Rights, such Mining, Water and Mineral Rights shall be transferred to Buyer. If escrow has not closed and a Sellers’ Termination Notice is given after the 45 day Escrow Period has expired, the ▇▇▇▇▇▇▇ Money shall be forfeited to the Sellers and Buyer shall reconvey back to the Sellers any rights or interest Buyer might’ve acquired in such Mining, Water and Mineral Rights;
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Return of Monies. If at any time payment, in whole or in part, of any Trust Monies or Prepayment Monies distributed hereunder is rescinded or must otherwise be restored or returned by the Collateral Trustee or by any Secured Party as a preference, fraudulent conveyance or otherwise under any bankruptcy, insolvency or similar law, then each Person receiving any portion of such Monies agrees, upon demand, to return the portion of such Monies it has received to the Person responsible for restoring or returning such Monies; provided that the Public Note Representative and the Credit Agreement Representative shall not be required to return any such Monies that have been distributed by the Public Note Representative or the Credit Agreement Representative to the holders of the Public Notes or the Lenders, as applicable, or to other third parties, or are otherwise no longer in the possession of the Public Note Representative or the Credit Agreement Representative in their capacity as Indenture Trustee or Administrative Agent, as applicable.
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Return of Monies. To protect Dell’s Confidential Information (as that term is defined in Releasor’s employment agreement), Dell’s goodwill, and other valuable assets, Releasor agrees that if Dell determines that Releasor engaged in Conduct Detrimental to Dell during Releasor’s employment or during the one year period following the termination of Releasor’s employment or during the one year period following Releasor’s receipt of the payment referenced in paragraph 1 (whichever is later), Releasor shall be required to return to Dell, upon demand, the gross amount specified in paragraph 1 above. Releasor understands and agrees that the return of the gross amount specified in paragraph 1 is in addition to and separate from any other relief available to Dell due to Releasor’s Conduct Detrimental to Dell. Releasor further understands and agrees that if Dell determines that Releasor engaged in Conduct Detrimental to Dell prior to the time of payment of the amount specified in paragraph 1, Dell will have no obligation to make such payment.
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Return of Monies. If at any time payment, in whole or in part, of any Collections distributed hereunder is rescinded or must otherwise be restored or returned by the Collateral Agent or by any Secured Party as a preference, fraudulent conveyance or otherwise under any bankruptcy, insolvency or similar law, then each Person receiving any portion of such Monies agrees, upon demand, to return the portion of such Monies it has received to the Person responsible for restoring or returning such Monies; provided that the Term Loan Representative and the Revolver Representative shall not be required to return any such Monies that have been distributed by the Term Loan Representative or the Revolver Representative to the Lenders, as applicable, or to other third parties, or are otherwise no longer in the possession of the Term Loan Representative or the Revolver Representative in their capacity as administrative agent.
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Related to Return of Monies

  • Collection of Monies Except as otherwise expressly provided in this Agreement, the Trustee may demand payment or delivery of, and shall receive and collect, all money and other property payable to or receivable by the Trustee pursuant to this Agreement. The Trustee shall hold all such money and property received by it as part of the Trust Fund and shall distribute it as provided in this Agreement. If the Trustee shall not have timely received amounts to be remitted with respect to the Mortgage Loans from the Master Servicer, the Trustee shall request the Master Servicer to make such distribution as promptly as practicable or legally permitted. If the Trustee shall subsequently receive any such amount, it may withdraw such request.

  • Application of Monies In the event that, during the continuance of any Default, the Administrative Agent or any Bank, as the case may be, receives any monies in connection with the enforcement of rights under the Loan Documents, such monies shall be distributed for application as follows: (a) First, to the payment of, or (as the case may be) the reimbursement of the Administrative Agent and the Banks for or in respect of all costs, expenses, disbursements, and losses that shall have been incurred or sustained by the Administrative Agent and the Banks in connection with the collection of such monies by the Administrative Agent or any such Banks, for the exercise, protection, or enforcement by the Administrative Agent or any such Banks of all or any of the rights, remedies, powers, and privileges of the Administrative Agent or any such Banks under this Credit Agreement or any of the other Loan Documents, or in support of any provision of adequate indemnity to the Administrative Agent or any such Banks against any taxes or Liens that by Government Mandate shall have, or may have, priority over the rights of the Administrative Agent or any such Banks to such monies; (b) Second, to all other Obligations in such order or preference as the Majority Banks may determine; provided, however, that distributions among Obligations owing to the Banks and the Administrative Agent with respect to each type of Obligation such as interest, principal, fees, and expenses, shall be made among the Banks and the Administrative Agent pro rata according to the respective amounts thereof; and provided, further, that the Administrative Agent may in its discretion make proper allowance to take into account any Obligations not then due and payable; and (c) Third, the excess, if any, shall be returned to the applicable Borrower or to such other Persons as are entitled thereto.

  • Collection of Moneys Except as otherwise expressly provided in this Agreement, the Trustee and the Paying Agent may demand payment or delivery of, and shall receive and collect, all money and other property payable to or receivable by the Trustee or the Paying Agent, as the case may be, pursuant to this Agreement. The Trustee or the Paying Agent, as the case may be, shall hold all such money and property received by it as part of the Trust and shall distribute it as provided in this Agreement. If the Trustee or the Paying Agent, as the case may be, shall not have timely received amounts to be remitted with respect to the Mortgage Loans from the Master Servicer, the Trustee or the Paying Agent, as the case may be, shall request the Master Servicer to make such distribution as promptly as practicable or legally permitted. If the Trustee or the Paying Agent, as the case may be, shall subsequently receive any such amount, it may withdraw such request.

  • Collection of Money Except as otherwise expressly provided herein, the Indenture Trustee may demand payment or delivery of, and shall receive and collect, directly and without intervention or assistance of any fiscal agent or other intermediary, all money and other property payable to or receivable by the Indenture Trustee pursuant to this Indenture. The Indenture Trustee shall apply all such money received by it as provided in this Indenture. Except as otherwise expressly provided in this Indenture, if any default occurs in the making of any payment or performance under any agreement or instrument that is part of the Trust Estate, the Indenture Trustee may take such action as may be appropriate to enforce such payment or performance, including the institution and prosecution of appropriate Proceedings. Any such action shall be without prejudice to any right to claim a Default or Event of Default under this Indenture and any right to proceed thereafter as provided in Article V.

  • Payment of Monies The parties acknowledge and agree that any payment of monies required to be made hereunder shall be made in Canadian funds and that any tender of monies or documents hereunder may be made upon the solicitors acting for the party upon whom the tender is desired and it shall be sufficient that a negotiable bank draft is tendered instead of cash.