Wrongful Payments Sample Clauses

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Wrongful Payments. If the Assignee shall at any time receive payment on account of the Assigned Interest in violation of this Agreement, the Financing Agreement or any other Transaction Document, whether received by voluntary payment, by sale, disposition, or other realization upon or from any collateral security, by the exercise of the right of set-off, by counterclaim, cross action or by the enforcement of any agreement of the Borrower relating to the Note, or by proceedings in bankruptcy, reorganization, liquidation, receivership or similar proceedings, or otherwise, the Assignee shall receive and hold the same in trust, as trustee, for the benefit of the Assignor and shall forthwith deliver the same to the Assignor in precisely the form received (except for the endorsement or assignment by the Assignee where necessary). If the Assignor determines at any time that any amount received or collected by the Assignee hereunder must be returned to the Borrower or any other Person pursuant to any bankruptcy or insolvency proceeding, as a result of deposits to the Assignor that are subsequently returned unpaid or are otherwise uncollected or subject to an adjustment entry by an applicable depository institution, then the Assignee agrees to pay to the Assignor on demand such amount as shall have been distributed to the Assignee, together with interest thereon at such rate, if any, as the Assignor shall be required to pay to the Borrower or such other Person with respect thereto.
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Wrongful Payments. Notwithstanding any reconciliations under Section 5.6, each party to this Agreement may recover from any other party any amount it overpaid or wrongfully paid to the receiving party, regardless of how such payment may have arisen including, but not limited to, mistake of law or fact. If any amounts have been overpaid or wrongfully paid by any party hereto to another, the aggrieved party may require immediate repayment of all or any such amounts.
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Wrongful Payments. Neither Contractor nor any of its Principal Subcontractors has, either directly or indirectly, (i) in any way or manner unlawfully (in accordance with all Applicable Laws, including the Foreign Corrupt Practice Act of 1977, as amended) paid any sums, in the Commonwealth or elsewhere, or (ii) unlawfully given or offered to give any gifts in the Commonwealth or elsewhere to (1) any Person while knowing that all or a portion of such payment will be offered, given or promised to government officials or employees, political parties, political party officials or political candidates or (2) any government officials or employees, political parties, political party officials or political candidates, in each case in order to improperly obtain business or other rights in connection with this Agreement.
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Related to Wrongful Payments

  • Unlawful Payments Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other person associated with or acting on behalf of the Company or any of its subsidiaries has (A) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expense relating to political activity; (B) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (C) violated or is in violation of any provision of the Foreign Corrupt Practices Act of 1977; or (D) made any bribe, rebate, payoff, influence payment, kickback or other unlawful payment.

  • No Unlawful Payments Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other person associated with or acting on behalf of the Company or any of its subsidiaries has (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expense relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the Foreign Corrupt Practices Act of 1977; or (iv) made any bribe, rebate, payoff, influence payment, kickback or other unlawful payment.

  • ▇▇▇▇▇▇▇▇▇ Payments The Company shall pay Executive cash benefits equal to: (1) two times Executive's Base Salary in effect on the date of the Change of Control or the Termination Date, whichever is higher; provided that if any reduction of the Base Salary has occurred, then the Base Salary on either date shall be as in effect immediately prior to such reduction, payable in regular installments at such times as would otherwise be the Company's usual payroll practice over a period of two years; and (2) the higher of: (A) two times Executive's Target Bonus in effect on the date of the Change of Control or the Termination Date, whichever is greater; or (B) two times Executive's most recent actual annual bonus, payable in either case ratably in regular installments at the same time as payments are made to Executive under Section 3(a)(1) above; provided that if any reduction of the Target Bonus has occurred, then the Target Bonus on either date shall be as in effect immediately prior to such reduction; and (3) Executive's Target Bonus (as determined in (2), above) multiplied by a fraction, the numerator of which shall equal the number of days Executive was employed by the Company in the Company fiscal year in which the Termination Date occurs and the denominator of which shall equal 365, payable as a cash lump sum within forty days after the Termination Date; and (4) in the case of a termination of employment by Executive for Good Reason, an amount equal to the severance pay specified in Article 6.A. 1. of the attached Presidents' Council Agreement (as defined in Section 8 hereof), payable according to the schedule set forth therein, determined as if Executive's employment had been terminated by ARAMARK without Cause on the Termination Date.

  • Overpayments Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) calendar days of written notice to Contractor; Provided, however, that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely refunds of overpayment(s) (either directly or by credit memo), Contractor shall pay Purchaser interest at the rate of one percent (1%) per month on the amount overdue thirty (30) calendar days after notice to Contractor.

  • No Additional Payments There is no obligation on the part of the Company or any other party to make payments in addition to those made by the Mortgagor;