Rescinded Payment Clause Samples

The Rescinded Payment clause defines the procedures and obligations if a payment previously made under the contract is later reversed, invalidated, or required to be returned. Typically, this clause applies when a payment is rescinded due to legal requirements, errors, or disputes, and it outlines the steps both parties must take to restore the original financial position, such as refunding amounts or adjusting future payments. Its core function is to ensure fairness and clarity by providing a clear process for handling situations where payments cannot be retained, thereby minimizing disputes and financial uncertainty.
Rescinded Payment. If any portion of any principal payment made by a Borrower to the Swingline Lender on account of any Swingline Loan shall be recovered by or on behalf of a Borrower from the Swingline Lender in bankruptcy or otherwise, the loss of the amount so recovered shall be ratably shared among all of the Banks in accordance with their respective Pro-Rata Shares.