Facility Agent may assume receipt. Clause 16.7 shall not affect any claim which the Facility Agent has under the law of restitution, and applies irrespective of whether the Facility Agent had any form of notice that it had not received the sum which it made available.
Facility Agent may assume receipt. Where any sum is to be paid under this Agreement to the Facility Agent for the account of another person, the Facility Agent may assume that the payment will be made when due and may (but shall not be obliged to) make such sum available to the person so entitled. If it proves to be the case that such payment was not made to the Facility Agent, then the person to whom such sum was so made available shall on request refund such sum to the Facility Agent together with interest thereon sufficient to compensate the Facility Agent for the cost of making available such sum up to the date of such repayment and the person by whom such sum was payable shall indemnify the Facility Agent for any and all loss or expense which the Facility Agent may sustain or incur as a consequence of such sum not having been paid on its due date.
Facility Agent may assume receipt. Where any sum is to be paid under this Agreement to the Facility Agent for the account of another person, the Facility Agent may assume that the payment will be made when due and may (but shall not be obliged to) make such sum available to the person so entitled. If it proves to be the case that such payment was not made to the Facility Agent, then the person to whom such sum was so made available shall on request refund such sum to the Facility Agent together with interest thereon sufficient to compensate the Facility Agent for the cost of making available such sum up to (and/or, as the case may be, the cost to the relevant other person of not receiving such sum until) the date of such repayment and the person by whom such sum was payable shall indemnify the Facility Agent (or the relevant other person) for any and all loss or expense which the Facility Agent (or the relevant other person) may sustain or incur as a consequence of such sum not having been paid on its due date together with any interest, expenses and penalties payable or incurred in connection therewith.
Facility Agent may assume receipt. (a) Where any sum is to be paid under this Agreement to the Facility Agent for the account of another person, the Facility Agent may assume that the payment will be made when due and may (but shall not be obliged to) make such sum available to the person so entitled.
Facility Agent may assume receipt. Where any sum is to be paid under any of the Finance Documents to the Facility Agent or, as the case may be, the Security Agent for the account of another person, the Facility Agent or, as the case may be, the Security Agent may assume that the payment will be made when due and the Facility Agent or, as the case may be, the Security Agent may (but shall not be obliged to) make such sum available to the person so entitled. If it proves to be the case that such payment was not made to the Facility Agent or, as the case may be, the Security Agent, then the person to whom such sum was so made available shall on request refund such sum to the Facility Agent or, as the case may be, the Security Agent together with interest thereon sufficient to compensate the Facility Agent or, as the case may be, the Security Agent for the cost of making available such sum up to the date of such repayment and the person by whom such sum was payable shall indemnify the Facility Agent or, as the case may be, the Security Agent for any and all loss or expense which the Facility Agent or, as the case may be, the Security Agent may sustain or incur as a consequence of such sum not having been paid on its due date.
