Common use of Invalidated Payments Clause in Contracts

Invalidated Payments. If any amount remitted by any Receiving Lender to any Senior Lender, in accordance with the provisions of this Agreement, is subsequently returned or repaid (or required to be returned or repaid) by such Receiving Lender to any of the Companies or their representatives or successors in interest, whether by court order, settlement or otherwise, the Senior Lender receiving a portion of such payment shall, promptly upon its receipt of notice thereof from such Receiving Lender, pay such Receiving Lender the portion received by it of such returned or repaid amount. If any such amounts are subsequently recovered by such Receiving Lender from any of the Companies or their representatives or successors in interest, such Receiving Lender shall redistribute such amounts to the Senior Lenders on the same basis as such amounts were originally distributed. The obligations of the Senior Lenders under this Section 3.4 shall survive the repayment of the Senior Indebtedness and termination of the Senior Indebtedness Agreements.

Appears in 2 contracts

Sources: Intercreditor Agreement (Nelnet Inc), Credit Agreement (Nelnet Inc)

Invalidated Payments. If any amount remitted paid by any Receiving Lender to any Senior Lender, the Collateral Agent for distribution in accordance with the provisions of this Agreement, Agreement is subsequently returned or repaid (or required to be returned or repaid) by such Receiving Lender to any of the Companies or their representatives or successors in interest, whether by court order, settlement or otherwise, such Lender shall promptly notify the Senior Lender receiving a portion Collateral Agent of such payment requirement, the Collateral Agent shall notify each of the Lenders thereof, and each Lender shall, promptly upon its receipt of such notice thereof from such Receiving Lenderthe Collateral Agent, pay such Receiving Lender to the Collateral Agent the pro rata portion received by it of such returned or repaid amount, without any interest thereon, for payment to the appropriate party in interest. If any such amounts are subsequently recovered by such Receiving Lender from any of the Companies or their representatives or successors in interestLender, such Receiving Lender shall remit such amounts to the Collateral Agent and the Collateral Agent shall redistribute such amounts to the Senior Lenders Lenders, without any interest thereon, on the same basis as such amounts were originally distributed. The obligations of the Senior Lenders and the Collateral Agent under this Section 3.4 3.2 shall survive the repayment of the Senior Indebtedness and termination of the Senior Indebtedness AgreementsBank Guaranty Agreement and the Note Agreement.

Appears in 2 contracts

Sources: Intercreditor and Collateral Agency Agreement (American Biltrite Inc), Intercreditor and Collateral Agency Agreement (American Biltrite Inc)

Invalidated Payments. If any amount remitted paid by any Receiving Lender to any Senior Lender, the Collateral Agent for distribution in accordance with the provisions of this Agreement, Agreement is subsequently returned or repaid (or required to be returned or repaid) by such Receiving Lender to any of the Companies or their representatives or successors in interest, whether by court order, settlement or otherwise, such Lender shall promptly notify the Senior Lender receiving a portion Collateral Agent of such payment requirement, the Collateral Agent shall notify each of the Lenders thereof, and each Lender shall, promptly upon its receipt of such notice thereof from such Receiving Lenderthe Collateral Agent, pay such Receiving Lender to the Collateral Agent the pro rata portion received by it of such returned or repaid amount, without any interest thereon, for payment to the appropriate party in interest. If any such amounts are subsequently recovered by such Receiving Lender from any of the Companies or their representatives or successors in interestLender, such Receiving Lender shall remit such amounts to the Collateral Agent and the Collateral Agent shall redistribute such amounts to the Senior Lenders Lenders, without any interest thereon, on the same basis as such amounts were originally distributed. The obligations of the Senior Lenders and the Collateral Agent under this Section 3.4 3.02 shall survive the repayment of the Senior Indebtedness and termination of the Senior Indebtedness Credit Agreement and the Note Agreements.

Appears in 1 contract

Sources: Intercreditor and Collateral Agency Agreement (Quaker Fabric Corp /De/)