Common use of Recovery of Returned Payment Clause in Contracts

Recovery of Returned Payment. If Agent determines at any time that any amount received by Agent under this Agreement must be returned to Borrower or paid to any other Person pursuant to any requirement of law, court order or otherwise, then, notwithstanding any other term or condition of this Agreement, Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Agent on demand any portion of such amount that Agent has distributed to such Lender, together with interest at such rate, if any, as Agent is required to pay to Borrower or such other Person, without set-off, counterclaim or deduction of any kind.

Appears in 6 contracts

Samples: Loan and Security Agreement, Security Agreement (Cardlytics, Inc.), Loan and Security Agreement (Pizza Inn Holdings, Inc /Mo/)

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Recovery of Returned Payment. If Agent determines at any time that any amount received by Agent under this Agreement must be returned to any Borrower or paid to any other Person pursuant to any requirement of law, court order or otherwise, then, notwithstanding any other term or condition of this Agreement, Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Agent on demand any portion of such amount that Agent has distributed to such Lender, together with interest at such rate, if any, as Agent is required to pay to any Borrower or such other Person, without set-off, counterclaim or deduction of any kind.

Appears in 3 contracts

Samples: Loan and Security Agreement, Security Agreement (Cardlytics, Inc.), Loan Agreement (ReFinance America, LTD)

Recovery of Returned Payment. If Agent determines at any time that any amount received by Agent under this Agreement must be returned to Borrower Borrowers or paid to any other Person pursuant to any requirement of law, court order or otherwise, then, notwithstanding any other term or condition of this Agreement, Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Agent on demand any portion of such amount that Agent has distributed to such Lender, together with interest at such rate, if any, as Agent is required to pay to Borrower Borrowers or such other Person, without set-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Loan and Security Agreement (Green Plains Inc.)

Recovery of Returned Payment. If Agent determines at any time that any amount ------------------------------ received by Agent under this Agreement must be returned to Borrower Borrowers or paid to any other Person pursuant to any requirement of law, court order or otherwise, then, notwithstanding any other term or condition of this Agreement, Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Agent on demand any portion of such amount that Agent has distributed to such Lender, together with interest at such rate, if any, as Agent is required to pay to Borrower Borrowers or such other Person, without set-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Loan and Security Agreement (Harborside Healthcare Corp)

Recovery of Returned Payment. If Agent determines at any time ---------------------------- that any amount received by Agent under this Agreement must be returned to Borrower or paid to any other Person pursuant to any requirement of law, court order or otherwise, then, notwithstanding any other term or condition of this Agreement, Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Agent on demand any portion of such amount that Agent has distributed to such Lender, together with interest at such rate, if any, as Agent is required to pay to Borrower or such other Person, without set-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Loan and Security Agreement (Banctec Inc)

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Recovery of Returned Payment. If any Agent determines at any time that any amount received by such Agent under this Agreement must be returned to Borrower Borrowers or paid to any other Person pursuant to any requirement of law, court order or otherwise, then, notwithstanding any other term or condition of this Agreement, such Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to such Agent on demand any portion of such amount that such Agent has distributed to such Lender, together with interest at such rate, if any, as such Agent is required to pay to Borrower Borrowers or such other Person, without set-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Loan and Security Agreement (Sun Healthcare Group Inc)

Recovery of Returned Payment. If Agent determines at any time that any amount received by Agent under this Agreement must be returned to Borrower any Obligor or paid to any other Person pursuant to any requirement of law, court order or otherwise, then, notwithstanding any other term or condition of this Agreement, Agent will not be required to distribute any portion thereof to any Lender. In addition, each Lender will repay to Agent on demand any portion of such amount that Agent has distributed to such Lender, together with interest at such rate, if any, as Agent is required to pay to Borrower any Obligor or such other Person, without set-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Loan and Security Agreement (Beacon Roofing Supply Inc)

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