Common use of Without limiting Section 12 Clause in Contracts

Without limiting Section 12. 13.1, each Lender or Swingline Lender, or any Person who has received funds on behalf of a Lender or Swingline Lender, hereby further agrees that if it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from the Administrative Agent (or any of its Affiliates): (i) that is in a different amount than, or on a different date from, that specified in a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates) with respect to such payment, prepayment or repayment; (ii) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates); or (iii) that such Lender, Swingline Lender or other such recipient, otherwise becomes aware was transmitted, or received, in error or by mistake (in whole or in part) in each case: 12.13.2.1 (A) in the case of clauses (i) or (ii) of Section 12.13.2, an error shall be presumed to have been made (absent written confirmation from the Administrative Agent to the contrary) or (B) an error has been made (in the case of clause (iii) of Section 12.13.2), in each case, with respect to such payment, prepayment or repayment; and 12.13.2.2 such Lender or Swingline Lender shall (and shall cause any other recipient that receives funds on its respective behalf to) promptly (and, in all events, within one Business Day of its knowledge of such error) notify the Administrative Agent of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying the Administrative Agent pursuant to this Section 12.13.2.

Without limiting Section 12. 13.116(a), each Lender or Swingline Lender, Letter of Credit Issuer, Secured Party or any Person who has received funds on behalf of a Lender or Swingline Lender, hereby further Letter of Credit Issuer or Secured Party (and each of their respective successors and assigns), agrees that if it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from the Administrative Agent (or any of its Affiliates): ) (ix) that is in a different amount than, or on a different date from, that specified in this Agreement or in a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates) with respect to such payment, prepayment or repayment; , (iiy) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates); , or (iiiz) that such Lender, Swingline Lender Letter of Credit Issuer or Secured Party, or other such recipient, otherwise becomes aware was transmitted, or received, in error or by mistake (in whole or in part) ), then in each such case: 12.13.2.1 (i) it acknowledges and agrees that (A) in the case of immediately preceding clauses (ix) or (ii) of Section 12.13.2y), an error and mistake shall be presumed to have been made (absent written confirmation from the Administrative Agent to the contrary) or (B) an error and mistake has been made (in the case of immediately preceding clause (iii) of Section 12.13.2z)), in each case, with respect to such payment, prepayment or repayment; and 12.13.2.2 (ii) such Lender Lender, Letter of Credit Issuer or Swingline Lender Secured Party shall (and shall cause any other recipient that receives funds on its respective behalf to) promptly (and, in all events, within one Business Day of its knowledge of such errorthe occurrence of any of the circumstances described in immediately preceding clauses (x), (y) and (z)) notify the Administrative Agent of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying the Administrative Agent pursuant to this Section 12.13.212.16(b); For the avoidance of doubt, the failure to deliver a notice to the Administrative Agent pursuant to this Section 12.16(b) shall not have any effect on a Payment Recipient’s obligations pursuant to Section 12.16(a) or on whether or not an Erroneous Payment has been made.

Without limiting Section 12. 13.19(a), each Lender or Swingline Lender, or any Person who has received funds on behalf of a Lender or Swingline Lender, Payment Recipient hereby further agrees that if it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from the Administrative Agent or US Agent (or any of its their respective Affiliates): ): (i) that is in a different amount than, or on a different date from, that specified in this Agreement or in a notice of payment, prepayment or repayment sent by the Administrative Agent or US Agent (or any of its their respective Affiliates) with respect to such payment, prepayment or repayment; ; (ii) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Agent or US Agent (or any of its their respective Affiliates); or or (iii) that such Lender, Swingline Lender or other such recipient, Payment Recipient otherwise becomes aware was transmitted, or received, in error or by mistake (in whole or in part) in each case, then in each such case: 12.13.2.1 (Aiv) in the case of clauses (i) or (ii) of Section 12.13.2, such Payment Recipient acknowledges and agrees that an error and mistake shall be presumed to have been made (absent written confirmation from the Administrative Agent or US Agent to the contrary) (in the case of paragraphs (i) and (ii) above), or (B) an error and mistake has been made (in the case of clause paragraph (iii) of Section 12.13.2above), in each case, with respect to such payment, prepayment or repayment; and 12.13.2.2 (v) such Lender or Swingline Lender shall (and shall cause any other recipient Payment Recipient that receives funds on its respective behalf to) promptly (and, in all events, within one Business Day of its knowledge of such errorthe occurrence of any of the circumstances described in paragraphs (i), (ii) and (iii) above) notify the Administrative Agent or the US Agent, as applicable, of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying the Administrative Agent or US Agent pursuant to this Section 12.13.212.9(b). For the avoidance of doubt, the failure to deliver a notice to the Agent or the US Agent pursuant to this Section 12.9(b) shall not have any effect on a Payment Recipient’s obligations pursuant to Section 12.9(a) or on whether or not an Erroneous Payment has been made.