Common use of Refund of Overpayments Clause in Contracts

Refund of Overpayments. With respect to each Letter for which an Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1, 9.6 or 13.1 and provided that all amounts due by the Borrower to such Issuing Lender under Sections 9.1, 9.6 or 13.1 have been paid, such Issuing Lender agrees to pay to the Borrower, upon the later of:

Appears in 3 contracts

Samples: Credit Agreement (New Gold Inc. /FI), Credit Agreement (New Gold Inc. /FI), Credit Agreement (New Gold Inc. /FI)

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Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1Section 9.2, 9.6 9.7 or 13.1 and provided that all amounts due by the Borrower to such the Issuing Lender under Sections 9.19.2, 9.6 or 9.7 and 13.1 have been paid, such the Issuing Lender agrees to pay to the Borrower, upon the later of:

Appears in 3 contracts

Samples: Credit Agreement (Silvercrest Mines Inc), Credit Agreement (Endeavour Silver Corp), Credit Agreement (Endeavour Silver Corp)

Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections Section 9.1, 9.6 9.4 or 13.1 and provided that all amounts due by the Borrower to such the Issuing Lender under Sections 9.1, 9.6 or 9.4 and 13.1 have been paid, such the Issuing Lender agrees to pay to the Borrower, upon the later of:

Appears in 2 contracts

Samples: Credit Agreement (Allied Nevada Gold Corp.), Credit Agreement (Allied Nevada Gold Corp.)

Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1, 9.6 Section 9.7 or 13.1 and provided that all amounts due by the relevant Borrower to such the Issuing Lender under Sections 9.1, 9.6 Section 9.7 or 13.1 have been paid, such the Issuing Lender agrees to pay to the such Borrower, upon the later of:

Appears in 2 contracts

Samples: Credit Agreement (Lundin Mining CORP), Credit Agreement (4352351 Canada Inc.)

Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections Section 9.1, 9.6 9.7 or 13.1 and provided that all amounts due by the Borrower to such the Issuing Lender under Sections Section 9.1, 9.6 9.7 or 13.1 have been paid, such the Issuing Lender agrees to pay to the Borrower, upon the later of:

Appears in 1 contract

Samples: Credit Agreement (Yamana Gold Inc)

Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1, 9.6 Section 9.4 or 13.1 and provided that all amounts due by the Borrower to such the Issuing Lender under Sections 9.1, 9.6 Section 9.4 or 13.1 have been paid, such the Issuing Lender agrees to pay to the Borrower, upon the later of:

Appears in 1 contract

Samples: Credit Agreement (Denison Mines Corp.)

Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1Section 9.2 , 9.6 9.8 or 13.1 and provided that all amounts due by the Borrower to such the Issuing Lender under Sections 9.19.2, 9.6 or 9.8 and 13.1 have been paid, such the Issuing Lender Xxxxxx agrees to pay to the Borrower, upon the later of:

Appears in 1 contract

Samples: Credit Agreement (SilverCrest Metals Inc.)

Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1Section 9.2 , 9.6 9.8 or 13.1 and provided that all amounts due by the Borrower to such the Issuing Lender under Sections 9.19.2, 9.6 or 9.8 and 13.1 have been paid, such the Issuing Lender agrees to pay to the Borrower, upon the later of:

Appears in 1 contract

Samples: Credit Agreement (Orla Mining Ltd.)

Refund of Overpayments. With respect to each Letter for which an Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1, 9.6 or 13.1 and provided that all amounts due by the Borrower Borrowers to such Issuing Lender under Sections 9.1, 9.6 or 13.1 have been paid, such Issuing Lender agrees to pay to the BorrowerBorrowers, upon the later of:

Appears in 1 contract

Samples: Credit Agreement (New Gold Inc. /FI)

Refund of Overpayments. With respect to each Letter issued by a particular Issuing Lender for which an such Issuing Lender has been paid all of its contingent liability pursuant to Sections Section 9.1, 9.6 9.6, 9.7 or 13.1 and provided that all such amounts due by the applicable Borrower to such Issuing Lender under Sections Section 9.1, 9.6 9.6, 9.7 or 13.1 have been paid, such the Issuing Lender agrees to pay to the applicable Borrower, upon the later earlier of:

Appears in 1 contract

Samples: Credit Agreement (Anixter International Inc)

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Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1Section 9.02, 9.6 9.09 or 13.1 13.01 and provided that all amounts due by the Borrower Borrowers to such Issuing Lender the Agent under Sections 9.1Section 9.02, 9.6 9.09 or 13.1 13.01 have been paid, such the Issuing Lender agrees to pay to the BorrowerBorrowers, upon the later earlier of:

Appears in 1 contract

Samples: Credit Agreement (Vitran Corp Inc)

Refund of Overpayments. With respect to each Letter of Credit for which an Issuing the Lender has been paid all of its contingent liability pursuant to Sections 9.12.5(b), 9.6 2.6(d) or 13.1 10.2 and provided that all amounts due by the Borrower to such Issuing the Lender under Sections 9.12.5(b), 9.6 2.6(d) or 13.1 10.2 have been paid, such Issuing the Lender agrees to pay to the Borrower, upon the later earlier of:

Appears in 1 contract

Samples: Loan Agreement (Draxis Health Inc /Cn/)

Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1, 9.6 Article 9 or 13.1 Article 13 and provided that all amounts due by the Borrower to such the Issuing Lender under Sections 9.1, 9.6 Article 9 or 13.1 Article 13 have been paid, such the Issuing Lender agrees to pay to the Borrower, upon the later of:

Appears in 1 contract

Samples: Credit Agreement (CI Financial Corp.)

Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1, 9.6 Section 9.9 or 13.1 13.3 and provided that all amounts due by the Borrower to such Issuing Lender the Administrative Agent under Sections 9.1, 9.6 Section 9.9 or 13.1 13.3 have been paid, such the Issuing Lender agrees to pay to the Borrower, upon the later earlier of:

Appears in 1 contract

Samples: Agreement (Primero Mining Corp)

Refund of Overpayments. With respect to each Letter for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections Section 9.1, 9.6 9.7 or 13.1 and provided that all amounts due by the Borrower to such the Issuing Lender under Sections 9.1, 9.6 or 9.7 and 13.1 have been paid, such the Issuing Lender agrees to pay to the relevant Borrower, upon the later of:

Appears in 1 contract

Samples: Credit Agreement (Equinox Gold Corp.)

Refund of Overpayments. With respect to each Letter of Credit for which an the Issuing Lender has been paid all of its contingent liability pursuant to Sections 9.1Section 9.2, 9.6 9.7 or 13.1 and provided that all amounts due by the Borrower Borrowers to such Issuing Lender the Agent under Sections 9.1Section 9.2, 9.6 9.7 or 13.1 have been paid, such the Issuing Lender agrees to pay to the BorrowerBorrowers, upon the later earlier of:

Appears in 1 contract

Samples: Credit Agreement (Vitran Corp Inc)

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