Common use of Erroneous Distribution Clause in Contracts

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any Agent to any Borrower, any Lender or any other Person is determined by such Agent in its sole discretion to have been made in error as determined by such Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such Agent the amount of such Erroneous Distribution received by such Person. Any determination by any Agent, in its sole discretion, that all or a portion of any payment or other distribution to any Borrower, any Lender or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 5 contracts

Samples: Financing Agreement (Mondee Holdings, Inc.), Financing Agreement (Mondee Holdings, Inc.), Financing Agreement (Mondee Holdings, Inc.)

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Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any the Borrower, any Lender Lender, or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender Lender, or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any the Borrower, any Lender a Lender, or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender Xxxxxx, and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 3 contracts

Samples: Financing Agreement (AgileThought, Inc.), Financing Agreement (AgileThought, Inc.), Financing Agreement (AgileThought, Inc.)

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any the Borrower, any Lender Lender, or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender Lender, or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any the Borrower, any Lender a Lender, or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender Lender, and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 2 contracts

Samples: Financing Agreement (AgileThought, Inc.), Financing Agreement (AgileThought, Inc.)

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any the Borrower, any Lender Lender, or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender Lender, or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any a Borrower, any Lender Lender, or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each The Borrower, each Lender Xxxxxx, and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 1 contract

Samples: Financing Agreement (Orthofix Medical Inc.)

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any the Borrower, any Lender Lender, or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender Lender, or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any the Borrower, any Lender Lender, or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each The Borrower, each Lender Lender, and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 1 contract

Samples: Financing Agreement (Turtle Beach Corp)

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any Borrower, any Lender Lender, or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an "Erroneous Distribution"), then the relevant Borrower, Lender Lender, or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any a Borrower, any Lender Lender, or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender Lender, and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any the Borrower, any Lender Lender, or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender 106 Lender, or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any the Borrower, any Lender a Lender, or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender Xxxxxx, and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 1 contract

Samples: Financing Agreement (AgileThought, Inc.)

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any the Borrower, any Lender Lender, or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender 107 Lender, or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any the Borrower, any Lender a Lender, or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender Xxxxxx, and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 1 contract

Samples: Financing Agreement (AgileThought, Inc.)

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Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any Agent to any Borrower, any Lender or any other Person is determined by such Agent in its sole discretion to have been made in error as determined by such Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such Agent the amount of such Erroneous Distribution received by such Person. Any determination by any Agent, in its sole discretion, that all or a portion of any payment or other distribution to any Borrower, any Lender or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.. ARTICLE XI

Appears in 1 contract

Samples: Financing Agreement (Mondee Holdings, Inc.)

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any Borrower, any Lender Lender, or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender Lender, or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any a Borrower, any Lender Lender, or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender Xxxxxx, and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.. 105

Appears in 1 contract

Samples: Financing Agreement (OptimizeRx Corp)

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any Borrower, any Lender Lender, or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender Lender, or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any a Borrower, any Lender Lender, or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender Lender, and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 1 contract

Samples: Financing Agreement (Spire Global, Inc.)

Erroneous Distribution. If all or any part of any payment or other distribution by or on behalf of any the Administrative Agent to any Borrower, any Lender or any other Person is determined by such the Administrative Agent in its sole discretion to have been made in error as determined by such the Administrative Agent (any such payment or other distribution, an “Erroneous Distribution”), then the relevant Borrower, Lender or other Person shall forthwith on written demand (accompanied by a reasonably detailed calculation of such Erroneous Distribution) repay to such the Administrative Agent the amount of such Erroneous Distribution received by such Person. Any determination by any the Administrative Agent, in its sole discretion, that all or a portion of any payment or other distribution to any a Borrower, any Lender or any other Person was an Erroneous Distribution shall be conclusive absent manifest error. Each Borrower, each Lender and each other potential recipient of an Erroneous Distribution hereunder waives any claim of discharge for value and any other claim of entitlement to, or in respect of, any Erroneous Distribution.

Appears in 1 contract

Samples: Financing Agreement (Waldencast Acquisition Corp.)

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