Common use of Certain Exceptions Clause in Contracts

Certain Exceptions. Notwithstanding anything to the contrary set forth above, if with respect to any particular transaction(s), it is impossible or impracticable under the circumstances to comply with the procedures set forth in Sections 6.5(a) or 6.5(b) hereof (including the time periods specified therein), the parties will cooperate to find a mutually agreeable alternative that will achieve substantially similar economic results from the point of view of the Paying Party or the Other Party, as the case may be (i.e., an alternative pursuant to which the Paying Party will not incur any material interest expense or the Other Party will not be deprived of any material interest income); provided, however, that if a Payee cannot comply with the procedures set forth in Section 6.5(b) hereof because it does not become aware of a Receipt on behalf of the Other Party, then the Payee shall remit such Receipt (without interest thereon) to the Other Party within one Business Day after the Payee becomes aware of such Receipt.

Appears in 3 contracts

Samples: Transition Services Agreement (Walter Investment Management Corp), Transition Services Agreement (Hanover Capital Mortgage Holdings Inc), Transition Services Agreement (Walter Industries Inc /New/)

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Certain Exceptions. Notwithstanding anything to the contrary set forth above, if if, with respect to any particular transaction(s), it is impossible or impracticable under the circumstances to comply with the procedures set forth in Sections 6.5(asubsections (a) or 6.5(b) hereof and of this Section 5.7 (including the time periods specified therein), the parties will cooperate to find a mutually agreeable alternative that will achieve substantially similar economic results from the point of view of the Paying Party or the Other Party, as the case may be (be; i.e., an alternative pursuant to which the Paying Party will not incur any material interest expense or the Other Party will not be deprived of any material interest income); provided, however, that if a Payee Receiving Party cannot comply with the procedures set forth in subsection (b) of this Section 6.5(b) hereof because it does not become aware of a Receipt on behalf of the Other Partyother Party in time (e.g. because of the commingling of funds in an account), then the Payee such Receiving Party shall remit such Receipt (without interest thereon) to the Other other Party within one Business Day 24 hours after the Payee it becomes aware of such Receipt.

Appears in 3 contracts

Samples: Transition Services Agreement, Transition Services Agreement (WABCO Holdings Inc.), Transition Services Agreement (WABCO Holdings Inc.)

Certain Exceptions. Notwithstanding anything to the contrary set forth above, if if, with respect to any particular transaction(s)transaction, it is impossible or impracticable under the circumstances to comply with the procedures set forth in Sections 6.5(asubsections (a) or 6.5(band (b) hereof of this Section 5.6 (including the time periods specified therein), the parties will cooperate to find a mutually agreeable alternative that will achieve substantially similar economic results from the point of view of the Paying Party or the Other Party, as the case may be (be; i.e., an alternative pursuant to which the Paying Party will not incur any material interest expense or the Other Party will not be deprived of any material interest income); provided, however, that if a Payee Receiving Party cannot comply with the procedures set forth in subsection (b) of this Section 6.5(b) hereof because it does not become aware of a Receipt on behalf of the Other PartyParty in time (e.g., then because of the Payee commingling of funds in an account), such Receiving Party shall remit such Receipt (without with interest thereonthereon is such remittance occurs more than 48 hours after such Receipt is paid to the Receiving Party) to the Other Party within one Business Day 24 hours after the Payee it becomes aware of such Receipt.

Appears in 3 contracts

Samples: Asset Purchase Agreement (L 3 Communications Corp), Asset Purchase Agreement (Southern California Microwave Inc), Asset Purchase Agreement (L 3 Communications Holdings Inc)

Certain Exceptions. Notwithstanding anything to the contrary set forth above, if with respect to any particular transaction(s), it is impossible or impracticable under the circumstances to comply with the procedures set forth in Sections 6.5(asubsections (a) or 6.5(band (b) hereof of this Section 6.5 (including the time periods specified therein), the parties will cooperate to find a mutually agreeable alternative that will achieve substantially similar economic results from the point of view of the Paying Party or the Other Party, as the case may be (i.e., an alternative pursuant to which the Paying Party will not incur any material interest expense or the Other Party will not be deprived of any material interest income); provided, however, that if a Payee Receiving party cannot comply with the procedures set forth in subsection (b) of this Section 6.5(b) hereof because it does not become aware of a Receipt on behalf of the Other Party, then the Payee Party shall remit such Receipt (without interest thereon) to the Other Party within one Business Day business day after the Payee Receiving Party becomes aware of such Receipt.

Appears in 3 contracts

Samples: Transition Services Agreement (Mueller Water Products, Inc.), Transition Services Agreement (Walter Industries Inc /New/), Transition Services Agreement (Mueller Water Products, Inc.)

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Certain Exceptions. Notwithstanding anything to the contrary set forth above, if if, with respect to any particular transaction(s), it is impossible or impracticable under the circumstances to comply with the procedures set forth in Sections 6.5(asubsections (a) or 6.5(band (b) hereof of this Section 5.8 (including the time periods specified therein), the parties will cooperate to find a mutually agreeable alternative that will achieve substantially similar economic results from the point of view of the Paying Party or the Other Party, as the case may be (be; i.e., an alternative pursuant to which the Paying Party will not incur any material interest expense or the Other Party will not be deprived of any material interest income); provided, however, that if a Payee Receiving Party cannot comply with the procedures set forth in subsection (b) of this Section 6.5(b) hereof 5.8 because it does not become aware of a Receipt on behalf of the Other Partyother Party in time (e.g. because of the commingling of funds in an account), then the Payee such Receiving Party shall remit such Receipt (without interest thereon) to the Other other Party within one Business Day twenty-four (24) hours after the Payee it becomes aware of such Receipt.

Appears in 2 contracts

Samples: Transition Services Agreement (Mastech Holdings, Inc.), Transition Services Agreement (Mastech Holdings, Inc.)

Certain Exceptions. Notwithstanding anything to the contrary set forth above, if if, with respect to any particular transaction(s), it is impossible or impracticable under the circumstances to comply with the procedures set forth in Sections 6.5(a) or 6.5(b) hereof this Section 7.11 (including the time periods specified thereinherein), the parties Parties will cooperate to find a mutually agreeable alternative that will achieve substantially similar economic results from the point of view of the Paying Party or the Other Party, as the case may be (be; i.e., an alternative pursuant to which the Paying Party will not incur any material interest expense or the Other Party will not be deprived of any material interest income); provided, however, that if a Payee Receiving Party cannot comply with the procedures set forth in this Section 6.5(b) hereof 7.11 because it does not become aware of a Receipt on behalf of the Other PartyParty in time (e.g., then because of the Payee commingling of funds in an account), such Receiving Party shall remit such Receipt (without interest thereon) to the Other other Party within one Business Day twenty-four (24) hours after the Payee it becomes aware of such Receipt.

Appears in 1 contract

Samples: Transition Services Agreement (MDS Inc.)

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