Common use of Clawback Rights Clause in Contracts

Clawback Rights. (i) Unless Administrative Agent shall have received notice from a Lender prior to the proposed date of the making of the Loans that such Lender will not make available to Administrative Agent such Xxxxxx’s Percentage Share thereof, Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.01(a) and shall make available to Borrowers a corresponding amount. In such event, if any applicable Lender has not in fact made its Percentage Share of the Loans available to Administrative Agent, then each such Lender agrees to pay to Administrative Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from the date such amount is made available to Borrowers to the date of payment to Administrative Agent, at the Federal Funds Rate. Once such Lender pays its Percentage Share of the Loans to Administrative Agent, the amount so paid shall constitute such Lender’s Loans included within all Loans. (ii) Unless Administrative Agent shall have received notice from Administrative Borrower prior to the date on which any payment owing by Borrowers is due hereunder to Administrative Agent for the account of Xxxxxxx that Borrowers will not make such payment, Administrative Agent may assume that Borrowers has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due. In such event, if Borrowers have not in fact made such payment, then each Lender severally agrees to repay to Administrative Agent forthwith on demand the amount so distributed to such Lender in immediately available funds with interest thereon, for each day from the date such amount is distributed to it to the date of payment to Administrative Agent, at the Federal Funds Rate. (iii) A notice of Administrative Agent to any Lender or Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Clawback Rights. (i) Unless Administrative Agent shall have received notice from a Lender prior to the proposed date of the making of the Loans that such Lender will not make available to Administrative Agent such Xxxxxx’s Percentage Share share thereof, Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.01(a) 2.01 and shall may, in reliance upon such assumption, make available to Borrowers each Borrower a corresponding amount. In such event, if any applicable a Lender has not in fact made its Percentage Share share of the Loans available to Administrative Agent, then the Applicable Lender, on the one hand, and each such Lender Borrower, on the other hand, each severally agrees to pay to Administrative Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from the date such amount is made available to Borrowers such Borrower to the date of payment to Administrative Agent, at at: (A) in the case of a payment to be made by such Lender, the Federal Funds Rate; and (B) in the case of a payment to be made by a Borrower, the interest rate applicable to the Loans. Once If Borrowers and such Lender shall pay such interest to Administrative Agent for the same or an overlapping period, Administrative Agent shall promptly remit to the applicable Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its Percentage Share share of the Loans to Administrative Agent, then the amount so paid shall constitute such Lender’s Loans included within all Loans. Any payment by a Borrower shall be without prejudice to any claim such Borrower may have against a Lender that shall have failed to make such payment to Administrative Agent. (ii) Unless Administrative Agent shall have received notice from Administrative a Borrower prior to the date on which any payment owing by Borrowers is due hereunder to Administrative Agent for the account of Xxxxxxx Lenders that Borrowers such Borrower will not make such payment, Administrative Agent may assume that Borrowers such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due. In such event, if Borrowers have such Borrower has not in fact made such payment, then each Lender severally agrees to repay to Administrative Agent forthwith on demand the amount so distributed to such Lender in immediately available funds with interest thereon, for each day from the date such amount is distributed to it to the date of payment to Administrative Agent, at the Federal Funds Rate. (iii) . A notice of Administrative Agent to any Lender or Borrowers a Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Clawback Rights. (i) Unless Administrative Agent shall have received notice from a Lender prior to the proposed date of the making of the Loans that such Lender will not make available to Administrative Agent such XxxxxxLender’s Percentage Share thereof, Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.01(a) and shall make available to Borrowers a corresponding amount. In such event, if any applicable Lender has not in fact made its Percentage Share of the Loans available to Administrative Agent, then each such Lender agrees to pay to Administrative Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from the date such amount is made available to Borrowers to the date of payment to Administrative Agent, at the Federal Funds Rate. Once such Lender pays its Percentage Share of the Loans to Administrative Agent, the amount so paid shall constitute such Lender’s Loans included within all Loans. (ii) Unless Administrative Agent shall have received notice from Administrative Borrower prior to the date on which any payment owing by Borrowers is due hereunder to Administrative Agent for the account of Xxxxxxx Lenders that Borrowers will not make such payment, Administrative Agent may assume that Borrowers has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due. In such event, if Borrowers have not in fact made such payment, then each Lender severally agrees to repay to Administrative Agent forthwith on demand the amount so distributed to such Lender in immediately available funds with interest thereon, for each day from the date such amount is distributed to it to the date of payment to Administrative Agent, at the Federal Funds Rate. (iii) A notice of Administrative Agent to any Lender or Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Clawback Rights. (i) Unless Administrative Agent shall have received written notice from a Lender prior to the proposed date of the making of the Term Loans that such Lender will not make available to Administrative Agent such XxxxxxLender’s Percentage Share share thereof, Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.01(a) 2.01 and shall may, in reliance upon such assumption, make available to Borrowers a corresponding amount. In such event, if any applicable a Lender has not in fact made its Percentage Share share of the applicable Term Loans available to Administrative Agent, then the applicable Lender, on the one hand, and Borrowers, on the other hand, each such Lender severally agrees to pay to Administrative Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from the date such amount is made available to Borrowers to the date of payment to Administrative Agent, at at: (A) in the case of a payment to be made by such Lender, the Federal Funds Rate; and (B) in the case of a payment to be made by Borrowers, the interest rate applicable to the Term Loans. Once Borrowers and such Lender shall pay such interest to Administrative Agent for the same or an overlapping period, Administrative Agent shall promptly remit to Borrowers the amount of such interest paid by Borrowers for such period. If, prior to the making of any such demand by Administrative Agent, such Lender pays its Percentage Share share of the Term Loans to Administrative Agent, then the amount so paid shall constitute such Lender’s Term Loans included within all the Term Loans. Any payment by Borrowers shall be without prejudice to any claim Borrowers may have against a Lender that shall have failed to make such payment to Administrative Agent. (ii) Unless Administrative Agent shall have received notice from Administrative Borrower Loan Party prior to the date on which any payment owing by Borrowers is due hereunder to Administrative Agent for the account of Xxxxxxx Lenders that Borrowers will not make such payment, Administrative Agent may assume that Borrowers has have made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due. In such event, if Borrowers have not in fact made such payment, then each Lender severally agrees to repay to Administrative Agent forthwith on demand the amount so distributed to such Lender in immediately available funds with interest thereon, for each day from the date such amount is distributed to it to the date of payment to Administrative Agent, at the Federal Funds Rate. (iii) . A notice of Administrative Agent to any Lender or Borrowers Administrative Loan Party with respect to any amount owing under this subsection (bSection 2.10(b) shall be conclusive, absent manifest error.

Clawback Rights. (i) Unless Administrative Agent shall have received notice from a Lender prior to the proposed date of the making of the Loans that such Lender will not make available to Administrative Agent such Xxxxxx’s Percentage Share 's share thereof, Administrative such Agent may assume that such Lender has made such share available on such date in accordance with Section 2.01(a) 2.01 and shall may, in reliance upon such assumption, make available to Borrowers each Borrower a corresponding amount. In such event, if any applicable a Lender has not in fact made its Percentage Share share of the Loans available to Administrative Agent, then the Applicable Lender, on the one hand, and each such Lender Borrower, on the other hand, each severally agrees to pay to Administrative such Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from the date such amount is made available to Borrowers such Borrower to the date of payment to Administrative such Agent, at at: (A) in the case of a payment to be made by such Lender, the Federal Funds Rate; and (B) in the case of a payment to be made by a Borrower, the interest rate applicable to the Loans. Once If Borrowers and such Lender shall pay such interest to Administrative Agent for the same or an overlapping period, such Agent shall promptly remit to the applicable Borrower the amount of such interest paid by such Borrower for such period. If such Lender pays its Percentage Share share of the Loans to Administrative such Agent, then the amount so paid shall constitute such Lender’s 's Loans included within all Loans. Any payment by a Borrower shall be without prejudice to any claim such Borrower may have against a Lender that shall have failed to make such payment to such Agent. (ii) Unless Administrative Agent shall have received notice from Administrative a Borrower prior to the date on which any payment owing by Borrowers is due hereunder to Administrative such Agent for the account of Xxxxxxx Lenders that Borrowers such Borrower will not make such payment, Administrative such Agent may assume that Borrowers such Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due. In such event, if Borrowers have such Borrower has not in fact made such payment, then each Lender severally agrees to repay to Administrative such Agent forthwith on demand the amount so distributed to such Lender in immediately available funds with interest thereon, for each day from the date such amount is distributed to it to the date of payment to Administrative such Agent, at the Federal Funds Rate. (iii) . A notice of Administrative Agent to any Lender or Borrowers a Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.. ​

Clawback Rights. (i) Unless Administrative Agent shall have received notice from a Lender prior to the proposed date of the making of the Term Loans that such Lender will not make available to Administrative Agent such XxxxxxLender’s Percentage Share share thereof, Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.01(a) 2.02 and shall may, in reliance upon such assumption, make available to Borrowers Borrower a corresponding amount. In such event, if any applicable a Lender has not in fact made its Percentage Share share of the Term Loans available to Administrative Agent, then the applicable Lender, on the one hand, and Borrower, on the other hand, each such Lender severally agrees to pay to Administrative Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from the date such amount is made available to Borrowers Borrower to the date of payment to Administrative Agent, at at: (A) in the case of a payment to be made by such Lender, the Federal Funds Rate; and (B) in the case of a payment to be made by Borrower, the interest rate applicable to the Term Loans. Once Borrower and such Lender shall pay such interest to Administrative Agent for the same or an overlapping period, Administrative Agent shall promptly remit to Borrower the amount of such interest paid by Borrower for such period. If, prior to the making of any such demand by Administrative Agent, such Lender pays its Percentage Share share of the Term Loans to Administrative Agent, then the amount so paid shall constitute such Lender’s Loans Term Loan included within all Term Loans. Any payment by Borrower shall be without prejudice to any claim Borrower may have against a Lender that shall have failed to make such payment to Administrative Agent. Any payment made hereunder shall not be treated as a voluntary prepayment subject to the requirements of Section 2.03(b). (ii) Unless Administrative Agent shall have received notice from Administrative Borrower prior to the date on which any payment owing by Borrowers is due hereunder to Administrative Agent for the account of Xxxxxxx Lenders that Borrowers Borrower will not make such payment, Administrative Agent may assume that Borrowers Borrower has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due. In such event, if Borrowers have Borrower has not in fact made such payment, then each Lender severally agrees to repay to Administrative Agent forthwith on demand the amount so distributed to such Lender in immediately available funds with interest thereon, for each day from the date such amount is distributed to it to the date of payment to Administrative Agent, at the Federal Funds Rate. (iii) . A notice of Administrative Agent to any Lender or Borrowers Borrower with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.

Clawback Rights. (i) Unless Administrative Agent shall have received notice from a Lender prior to the proposed date of the making of the Loans that such Lender will not make available to Administrative Agent such Xxxxxx’s 's Percentage Share thereof, Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.01(a) and shall make available to Borrowers a corresponding amount. In such event, if any applicable Lender has not in fact made its Percentage Share of the Loans available to Administrative Agent, then each such Lender agrees to pay to Administrative Agent forthwith on demand such corresponding amount in immediately available funds with interest thereon, for each day from the date such amount is made available to Borrowers to the date of payment to Administrative Agent, at the Federal Funds Rate. Once such Lender pays its Percentage Share of the Loans to Administrative Agent, the amount so paid shall constitute such Lender’s 's Loans included within all Loans. (ii) Unless Administrative Agent shall have received notice from Administrative Borrower prior to the date on which any payment owing by Borrowers Xxxxxxxxx is due hereunder to Administrative Agent for the account of Xxxxxxx that Borrowers will not make such payment, Administrative Agent may assume that Borrowers has made such payment on such date in accordance herewith and may, in reliance upon such assumption, distribute to the Lenders the amount due. In such event, if Borrowers have not in fact made such payment, then each Lender severally agrees to repay to Administrative Agent forthwith on demand the amount so distributed to such Lender in immediately available funds with interest thereon, for each day from the date such amount is distributed to it to the date of payment to Administrative Agent, at the Federal Funds Rate. (iii) A notice of Administrative Agent to any Lender or Borrowers with respect to any amount owing under this subsection (b) shall be conclusive, absent manifest error.