Common use of Refund to Agent of monies not received Clause in Contracts

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a Lender, without first having received that sum, the Borrower or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrowers or a Lender, without first having received that sum, the Borrower Borrowers or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a LenderLender or the Swap Bank, without first having received that sum, the Borrower or (as the case may be) the Lender or the Swap Bank concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a LenderLender or the Swap Bank, without first having received that sum, the that Borrower or (as the case may be) the Lender or the Swap Bank concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a Lender, without first having received that sum, the that Borrower or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a LenderLender or a Swap Counterparty, without first having received that sum, the Borrower or (as the case may be) the Lender or the Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a LenderLender or a Swap Counterparty, without first having received that sum, the that Borrower or (as the case may be) the Lender or the Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a LenderLender or a Swap Bank, without first having received that sum, the Borrower or (as the case may be) the Lender or the Swap Bank concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a Lender, Lender without first having received that sum, the that Borrower or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a Lender, without first having received that sum, the Borrower concerned or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a LenderLender or the Swap Bank, without first having received that sum, the Borrower or (as the case may be) the Lender concerned or the Swap Bank shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a Lender, without first having received that sum, the Borrower or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrowers or a Lender, without first having received that sum, the Borrower Borrowers or the Lender concerned (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a Lender, without first having received that sum, the Borrower or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the either Borrower or a Lender, without first having received that sum, the that Borrower or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a LenderLender or a Swap Counterparty, without first having received that sum and subsequently does not receive that sum, the Borrower or (as the case may be) the Lender or the Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a LenderLender or the Swap Bank, without first having received that sum, the that Borrower or (as the case may be) the Lender concerned or the Swap Bank shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a LenderLender or either Swap Bank, without first having received that sum, the Borrower or (as the case may be) the Lender concerned or that Swap Bank shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a LenderLender or the Issuing Bank or the Swap Bank, without first having received that sum, the that Borrower or (as the case may be) the Lender other party concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the either Borrower or a LenderLender or a Swap Counterparty, without first having received that sum, the that Borrower or (as the case may be) the Lender or the Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a Lender, without first having received that sum, the Borrower Borrowers or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a Borrower, a Lender, without first having received that sum, the Borrower or (as the case may be) , the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower a Borrower, a Lender or a LenderSwap Counterparty, without first having received that sum, the that Borrower or (as the case may be) the Lender or the Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrower, a Lender or a Lender, Swap Bank without first having received that sum, the Borrower or (as the case may be) the Lender or the Swap Bank concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrower, the Issuing Bank or a Lender, without first having received that sum, the Borrower Borrower, the Issuing Bank or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a LenderLender or a Swap Bank, without first having received that sum, the Borrower or (as the case may be) the that Lender or that Swap Bank concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or Borrower, a Lender, without first having received that sum, the Borrower or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the any Borrower or a LenderLender or a Swap Counterparty, without first having received that sum, the that Borrower or (as the case may be) the Lender or the Swap Counterparty concerned shall, on demand: (a) a. refund the sum in full to the Agent; and (b) b. pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrowers or a LenderLender or a Swap Counterparty, without first having received that sum, the Borrower Borrowers or (as the case may be) the Lender or the Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum sums available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrowers or a LenderLender or a Swap Bank, without first having received that sum, the Borrower Borrowers or (as the case may be) the Lender concerned or the Swap Bank concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or Borrower, a Lender, without first having received that sum, the Borrower or (as the case may be) , the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a LenderLender or the Swap Bank, without first having received that sum, the that Borrower or (as the case may be) the Lender other party concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrower, or a LenderLender or a Swap Counterparty, without first having received that sum, the Borrower or the Lender concerned or (as the case may be) the Lender Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrower, a Lender or a Lenderswap Bank, without first having received that sum, the Borrower or (as the case may be) the Lender or Swap Bank concerned shall, on the Agent’s written demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a LenderLender or the a Swap Bank, without first having received that sum, the that Borrower or (as the case may be) the Lender or the that Swap Bank concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Obligors, the Issuing Bank or a LenderBank, without first having received that sum, the Borrower Obligors, the Issuing Bank or the Bank concerned (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower an Obligor or a LenderLender or a Swap Counterparty, without first having received that sum, the Borrower that Obligor or (as the case may be) the Lender or the Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or Borrower, a Lender, or the Guarantee Issuer without first having received that sum, the Borrower or (as the case may be) the Lender or the Guarantee Issuer concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrowers or a LenderLender or a Swap Counterparty, without first having received that sum, the Borrower Borrowers or (as the case may be) the Lender or the Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower Borrower, or a LenderLender or a Swap Counterparty, without first having received that sum, the Borrower or (as the case may be) the Lender concerned shall, on demand:having (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower a Borrower, or a LenderLender or a Swap Counterparty, without first having received that sum, the Borrower or the Lender concerned or (as the case may be) the Lender Swap Counterparty concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it.

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the a Borrower or a LenderLender or the Swap Bank, without first having received that sum, the that Borrower or (as the case may be) the Lender or the Swap Bank concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum available before receiving it. 16.8 Agent may assume receipt

Refund to Agent of monies not received. If and to the extent that the Agent makes available a sum to the Borrower or a Lender, without first having received that sum, the Borrower or (as the case may be) the Lender concerned shall, on demand: (a) refund the sum in full to the Agent; and (b) pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other loss, liability or expense incurred by the Agent as a result of making the sum sums available before receiving it.