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 subsections (a) and (b) 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 Receiving party cannot comply with the procedures set forth in subsection (b) of this Section because it does not become aware of a Receipt on behalf of the Other Party shall remit such Receipt (without interest thereon) to the Other Party within one business day after the Receiving Party becomes aware of such Receipt.
Appears in 3 contracts
Samples: Transition Services Agreement (Walter Industries Inc /New/), Transition Services Agreement (Mueller Water Products, Inc.), Transition Services Agreement (Mueller Water Products, 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 subsections (aSections 6.5(a) and (bor 6.5(b) of this Section 6.5 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 Receiving party Payee cannot comply with the procedures set forth in subsection (bSection 6.5(b) of this Section hereof because it does not become aware of a Receipt on behalf of the Other Party Party, then the Payee shall remit such Receipt (without interest thereon) to the Other Party within one business day Business Day after the Receiving Party Payee becomes aware of such Receipt.
Appears in 3 contracts
Samples: Form of Transition Services Agreement (Hanover Capital Mortgage Holdings Inc), Transition Services Agreement (Walter Investment Management Corp), Transition Services Agreement (Walter Industries Inc /New/)
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 subsections (a) and (b) of this Section 6.5 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 Receiving party Party cannot comply with the procedures set forth in subsection (b) of this Section because it does not become aware of a Receipt on behalf of the Other other Party in time (e.g. because of the 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 24 hours after the Receiving Party 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 subsections (a) and (b) of this Section 6.5 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 Receiving party Party cannot comply with the procedures set forth in subsection (b) of this Section because it does not become aware of a Receipt on behalf of the Other Party in time (e.g., because of the 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 Receiving Party it becomes aware of such Receipt.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Southern California Microwave Inc), Asset Purchase Agreement (L 3 Communications Corp), Asset Purchase Agreement (L 3 Communications 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 subsections (a) and (b) of this Section 6.5 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 Receiving party Party cannot comply with the procedures set forth in subsection (b) of this Section 5.8 because it does not become aware of a Receipt on behalf of the Other other Party in time (e.g. because of the 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 Receiving Party 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 subsections (a) and (b) of this Section 6.5 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 Receiving party Party cannot comply with the procedures set forth in subsection (b) of this Section 7.11 because it does not become aware of a Receipt on behalf of the Other Party in time (e.g., because of the 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 Receiving Party it becomes aware of such Receipt.
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