Payment Returns. If any payment received by Lead Lenders and distributed or credited to the Lenders is later rescinded or is otherwise required to be returned by Lead Lenders to the Borrowers for whatever reason (including, without limitation, settlement of an alleged claim), the Lenders shall be entitled to retain any payment received. The covenant contained in this paragraph shall survive the termination of this Agreement.
Appears in 9 contracts
Samples: Intercreditor Agreement (Vestin Realty Mortgage II, Inc), Intercreditor Agreement (Vestin Fund Iii LLC), Intercreditor Agreement (Vestin Fund I LLC)
Payment Returns. If any payment received by Lead Lenders Lender and distributed or credited to the Lenders Lender is later rescinded or is otherwise required to be returned by Lead Lenders Lender to the Borrowers Borrower for whatever reason (including, without limitation, settlement of an alleged claim), the Lenders Lender shall be entitled to retain any payment received. The covenant contained in this paragraph shall survive the termination of this Agreement.
Appears in 6 contracts
Samples: Intercreditor Agreement (Vestin Realty Trust II, Inc), Intercreditor Agreement (Vestin Fund Ii LLC), Intercreditor Agreement (Vestin Fund Iii LLC)
