Non-Receipt by Agent. Subject to Section 2.7, where a sum is to be paid hereunder to the Agent for the account of another Party hereto, the Agent shall not be obliged to make the same available to that other Party hereto until it has been able to establish that it has actually received such sum, but if it does pay out a sum and it proves to be the case that it had not actually received the sum it paid out, then the Party hereto to whom such sum was so made available shall, on request, ensure that the amount is refunded to the Agent and shall, on demand, indemnify the Agent against any cost or loss it may have suffered or incurred by reason of its having paid out such sum prior to its having received such sum.
Non-Receipt by Agent. Without prejudice to the rights of the Agent under Article 6 of the Provisions, where a sum is to be paid hereunder to the Agent for the account of another party hereto, the Agent shall not be obliged to make the same available to that other party hereto until it has been able to establish that it has actually received such sum. 9.13 Survival of Indemnification Obligations Without prejudice to the survival or termination of any other agreement of the Borrower under this Agreement, the obligations of the Borrower under Sections 8.12.3 and 9.11, Sections 3.1 and 3.2 of the Provisions and Article 8 of the Provisions shall survive the execution hereof, the termination of the Credit Facility and the repayment in full of the Loans. ARTICLE 10
Non-Receipt by Agent. Without prejudice to the rights of the Agent under Article 6 of the Provisions, where a sum is to be paid hereunder to the Agent for the account of another party hereto, the Agent shall not be obliged to make the same available to that other party hereto until it has been able to establish that it has actually received such sum.
