Erroneous Application. Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Secured Party or other Person to which such amount should have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Party, the Secured Party agrees to return it).
Appears in 4 contracts
Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.), Loan Agreement (Hyster-Yale Materials Handling, Inc.), Loan Agreement (Hyster-Yale Materials Handling, Inc.)
Erroneous Application. Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Secured Party Lender or other Person to which such amount should ought to have been made shall be to recover the amount from the Person that which actually received it (and, if such amount was received by a any Secured Party, then such Secured Party, by accepting the Secured Party benefits of this Agreement, agrees to return it).
Appears in 2 contracts
Samples: Revolving Loan Facility Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Erroneous Application. Agent shall not be liable for any application of amounts made by it in good faith in the absence of gross negligence or willful misconduct by Agent as determined by a final, non-appealable order of a court of competent jurisdiction, and, if any such application is subsequently determined to have been made in error, the sole recourse of any Secured Party or other Person Lender to which such amount should have been made paid shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Party, the Secured Party agrees to return it).
Appears in 1 contract
Samples: Loan and Security Agreement (Computer Task Group Inc)
Erroneous Application. Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Secured Party Lender or other Person (other than the Credit Parties) to which such amount should have been made shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Party, the such Secured Party hereby agrees to return it).
Appears in 1 contract
Erroneous Application. Agent shall not be liable for any application of amounts made by it in good faith and, if any such application is subsequently determined to have been made in error, the sole recourse of any Secured Party Lender or other Person to which such amount should have been made paid shall be to recover the amount from the Person that actually received it (and, if such amount was received by a Secured Party, the Secured Party agrees to return it)..
Appears in 1 contract
Samples: Loan and Security Agreement (Adara Acquisition Corp.)
