Amounts Reclaimed Sample Clauses

Amounts Reclaimed. If claim is made upon RZB for repayment or recovery of any amount received on account of any of the Guaranteed Obligations and RZB repays all or part of said amount by reason of: 3.a. any judgment, decree or order of any court, administrative body or trustee in bankruptcy (or other Person acting on behalf of the Borrower or its estate) or, 3.b. any settlement or compromise of any such claim effected by RZB with any such claimant (including the Borrower), or
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Amounts Reclaimed. (a) In the event that, any payments made to the Secured Party with respect to the Obligations are required to be rescinded or must otherwise be restored or surrendered by the Secured Party in the event of the bankruptcy, insolvency, reorganization or similar event involving the Borrower, the Guarantor, any of its respective Affiliates, or any other Person who may be liable in respect of the Obligations as obligor, endorser, guarantor or pledgor or otherwise, agrees that this Guarantee shall continue in effect or shall be reinstated, as the case may be, and that the Guarantor shall remain liable under this Guarantee for the payment and performance in full of the Obligations, including without limitation, any portion so required to be rescinded, restored or surrendered by the Secured Party. (b) In the event that, pursuant to any proceeding before any court, administrative body or trustee in bankruptcy having jurisdiction, or any settlement or compromise of such a proceeding, a claim is made upon the Secured Party for repayment or recovery of any amount received in payment of the Obligations, the Guarantor agrees that such proceeding or settlement or compromise shall be binding upon the Guarantor, and that in addition to the other obligations of the Guarantor under this Guarantee, the Guarantor shall be liable to the Secured Party for the entire amount so repaid or recovered, to the same extent as if such amount had never been received by the Secured Party. (c) Any acknowledgment or new promise in respect of the Obligations, whether by payment or otherwise, and whether made by Borrower, the Guarantor, any of their respective Affiliates or any other Person liable in respect of the Obligations as obligor, endorser, guarantor, pledgor or otherwise, shall toll the running of any statute of limitations which may have begun to run against the Secured Party in favor of the Guarantor or, if the limitations period has expired, shall negate the operation of the statute of limitations in favor of the Guarantor. The provisions of this Section 6 shall survive indefinitely.
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Amounts Reclaimed. If claim is ever made upon LJCI or any subsequent holder of any of the Guaranteed Obligations for repayment or recovery of any amount or amounts received in payment or on account of any of the Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or any settlement or compromise of any such claim effected by such payee with any such claimant (including Company), then and in such event Guarantor agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Guarantor, notwithstanding any revocation hereof or the cancellation of the Debenture or other instrument evidencing any liability of Company, and Guarantor shall be and remain liable to the aforesaid extent as if such amount had never originally been received by any such payee. _________ initials Page 7 of 16 _______ initials
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Amounts Reclaimed. If at any time any payment or other amount received or realized by any Beneficiary and applied to any Certified Guaranteed Obligation is repaid by or recovered from such Beneficiary in any bankruptcy or similar proceeding, the obligations of the Guarantor under this Agreement shall be applicable to such amounts to the same extent as if such amounts had never been paid.
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Amounts Reclaimed. Guarantor understands that one or more claims may be ----------------- made upon Lender for repayment or recovery of any amount received on account of any of the Obligations and that Lender may be required to repay (or otherwise satisfy the recovery of) all or part of said amount by reason of (a) any judgment, decree or order of any court, administrative body or trustee in bankruptcy (or other person acting on behalf of any person or its estate), or (b) any settlement or compromise of any such claim effected by Lender with any such claimant (including any Borrower). Guarantor agrees that in such event any such judgment, decree, order, settlement or compromise will be binding upon Guarantor, notwithstanding any cancellation of the Loan Documents or this Guaranty and that Guarantor will be and remain liable to Lender under this Guaranty for the amount so repaid or recovered to the same extent as if such amount had never been received by Lender. The provisions of this paragraph shall survive indefinitely.
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Amounts Reclaimed. If claim is ever made upon Lender or any subsequent holder of any of the Guaranteed Obligations for repayment or recovery of any amount or amounts received in payment or on account of any of the Guaranteed Obligations and any of the aforesaid payees repays all or part of said amount by reason of any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or any settlement or compromise of any such claim effected by such payee with any such claimant (including FLE Borrower), then and in such event Guarantor agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Guarantor, notwithstanding any revocation hereof or the cancellation of the Note or other instrument evidencing any liability of FLE Borrower, and Guarantor shall be and remain liable to the aforesaid extent as if such amount had never originally been received by any such payee.
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Amounts Reclaimed. If claim is made upon the Bank for repayment or recovery of any amount received on account of any of the Guaranteed Obligations and the Bank repays all or part of said amount by reason of: a. any judgment, decree or order of any court, administrative body or trustee in bankruptcy (or other Person acting on behalf of the Borrower or its estate) or, b. any settlement or compromise of any such claim effected by the Bank with any such claimant (including the Borrower), then, and in any such event, the Guarantor agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Guarantor, notwithstanding any cancellation of the Loan Documents or this Guaranty, and the Guarantor shall be and remain liable to the Bank hereunder for the amount so repaid or recovered to the same extent as if such amount had never been received by the Bank; provided, however, that the foregoing shall not apply in the event of a repayment or recovery resulting from any affirmative defense asserted by the Borrower.
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Related to Amounts Reclaimed

  • Discounts, Rebates and Refunds § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (1) before making the payment, the Construction Manager included the amount to be paid, less such discount, in an Application for Payment and received payment from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds, and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work.

  • Overpayments Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) calendar days of written notice to Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty (30) calendar days after notice to Contractor.

  • Returns and Refunds If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. The Issuer or The Pay-O-Matic Corp is not responsible for the delivery, quality, safety, legality or any other aspects of goods or services you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

  • Unpaid Claims If a claim for indemnification (following the final disposition of such action, suit or proceeding) or advancement of expenses under this Section 10.02 is not paid in full within thirty (30) days after a written claim therefor by any person described in Section 10.02(a) has been received by the Partnership, such person may file proceedings to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Partnership shall have the burden of proving that such person is not entitled to the requested indemnification or advancement of expenses under applicable Law.

  • Overpayments and Underpayments As a result of the uncertainty in the application of Section 280G of the Code, it is possible that Agreement Payments may have been made by the Company which should not have been made ("Overpayment") or that additional Agreement Payments which will have not been made by HUBCO could have been made ("Underpayment"), in each case, consistent with the calculation of the Reduced Amount hereunder. In the event that the Certified Public Accountants, based upon the assertion of a deficiency by the Internal Revenue Service against HUBCO or Executive which said Certified Public Accountants believe has a high probability of success, determines that an Overpayment has been made, any such Overpayment shall be treated for all purposes as a loan to Executive which Executive shall repay to HUBCO together with interest at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code; provided, however, that no amount shall be payable by Executive to HUBCO in and to the extent such payment would not reduce the amount which is subject to taxation under Section 4999 of the Code. In the event that the Certified Public Accountants, based upon controlling precedent, determine that an Underpayment has occurred, any such Underpayment shall be promptly paid by the Company to or for the benefit of the Executive together with interest at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Code.

  • Tax Reclaims Bank shall provide tax reclamation services as provided in Section 8.2.

  • NO EXTRA CLAIMS The Employees and the Union shall not pursue any extra claims, either Award or over Award for the life of the Agreement. Without limiting the generality of the foregoing, there shall be no industrial action for the purpose of supporting or advancing claims against the company in relation to the above, until the Agreement's nominal expiry date has passed. Where any disagreement arises, the parties shall follow the Dispute Settlement Procedure contained in this Agreement.

  • Assets Reserved and Pending Claims (a) If, upon the occurrence of a Dissolution Event, there are any assets that, in the judgment of the Liquidating Trustee, cannot be sold or distributed in kind without sacrificing a significant portion of the value thereof or where such sale or distribution is otherwise impractical at the time of the Dissolution Event, such assets may be retained by the Company if the Liquidating Trustee determines that the retention of such assets is in the best interests of the Members. Upon the sale of such assets or a determination by the Liquidating Trustee that circumstances no longer require their retention, such assets (at their Fair Value) or the proceeds of their sale shall be taken into account in computing Capital Account on winding up and amounts distributable pursuant to Section 6.2(b), and distributed in accordance with such value. (b) If there are any claims or potential claims (including potential Company expenses in connection therewith) against the Company (either directly or indirectly, including potential claims for which the Company might have an indemnification obligation) for which the possible loss cannot, in the judgment of the Liquidating Trustee, be definitively ascertained, then such claims shall initially be taken into account in computing The Capital Account upon winding up and distributions pursuant to Section 6.2(b) at an amount estimated by the Liquidating Trustee to be sufficient to cover any potential loss or liability on account of such claims (including such potential Company expenses), and the Company shall retain funds (or assets) determined by the Liquidating Trustee in its discretion as a reserve against such potential losses and liabilities, including expenses associated therewith, and for any other Company purpose. The Liquidating Trustee may in its discretion obtain insurance or create escrow accounts or make other similar arrangements with respect to such losses and liabilities. Upon final settlement of such claims (including such potential Company expenses) or a determination by the Liquidating Trustee that the probable loss therefrom can be definitively ascertained, such claims (including such potential Company expenses) shall be taken into account in the amount at which they were settled or in the amount of the probable loss therefrom in computing the Capital Account on winding up and amounts distributable pursuant to Section 6.2(b), and any excess funds retained shall be distributed as such funds would be distributed under Section 6.2(b).

  • Stop Payments The Fund hereby authorizes the Transfer Agent to stop payment of checks issued in payment of dividends, but not presented for payment, when the payees thereof allege either that they have not received the checks or that such checks have been mislaid, lost, stolen, destroyed or, through no fault of theirs, are otherwise beyond their control and cannot be produced by them for presentation and collection, and the Transfer Agent shall issue and deliver duplicate checks in replacement thereof, and the Fund shall indemnify Transfer Agent against any loss or damage resulting from reissuance of the checks.

  • Pending Claims There are no (i) claims, demands, litigation, proceedings or governmental investigations pending or to Seller’s knowledge threatened, against Seller, the Manager or any Affiliate of any of them (collectively, “Seller Parties”) or related to the business or assets of the Hotel, except as set forth on Exhibit I attached hereto and incorporated herein by reference, (ii) special assessments or extraordinary taxes except as set forth in the Title Commitment or (iii) pending or threatened condemnation or eminent domain proceedings which would affect the Property or any part thereof. To Seller’s knowledge, there are no other: pending arbitration proceedings or unsatisfied arbitration awards, or judicial proceedings or orders respecting awards, which might become a lien on the Property or any portion thereof, pending unfair labor practice charges or complaints, unsatisfied unfair labor practice orders or judicial proceedings or orders with respect thereto, pending charges or complaints with or by city, state or federal civil or human rights agencies, unremedied orders by such agencies or judicial proceedings or orders with respect to obligations under city, state or federal civil or human rights or antidiscrimination laws or executive orders affecting the Hotel, or other pending, actual or, to Seller’s knowledge, threatened litigation claims, charges, complaints, petitions or unsatisfied orders by or before any administrative agency or court which affect the Hotel or might become a lien on the Hotel (collectively, the “Pending Claims”).

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