Return of Monies. If at any time payment, in whole or in part, of any Trust Monies or Prepayment Monies distributed hereunder is rescinded or must otherwise be restored or returned by the Collateral Trustee or by any Secured Party as a preference, fraudulent conveyance or otherwise under any bankruptcy, insolvency or similar law, then each Person receiving any portion of such Monies agrees, upon demand, to return the portion of such Monies it has received to the Person responsible for restoring or returning such Monies; provided that the Public Note Representative and the Credit Agreement Representative shall not be required to return any such Monies that have been distributed by the Public Note Representative or the Credit Agreement Representative to the holders of the Public Notes or the Lenders, as applicable, or to other third parties, or are otherwise no longer in the possession of the Public Note Representative or the Credit Agreement Representative in their capacity as Indenture Trustee or Administrative Agent, as applicable.
Return of Monies. If at any time payment, in whole or in part, of any Collections distributed hereunder is rescinded or must otherwise be restored or returned by the Collateral Agent or by any Secured Party as a preference, fraudulent conveyance or otherwise under any bankruptcy, insolvency or similar law, then each Person receiving any portion of such Monies agrees, upon demand, to return the portion of such Monies it has received to the Person responsible for restoring or returning such Monies; provided that the Term Loan Representative and the Revolver Representative shall not be required to return any such Monies that have been distributed by the Term Loan Representative or the Revolver Representative to the Lenders, as applicable, or to other third parties, or are otherwise no longer in the possession of the Term Loan Representative or the Revolver Representative in their capacity as administrative agent.
Return of Monies. To protect Dell’s Confidential Information (as that term is defined in Releasor’s employment agreement), Dell’s goodwill, and other valuable assets, Releasor agrees that if Dell determines that Releasor engaged in Conduct Detrimental to Dell during Releasor’s employment or during the one year period following the termination of Releasor’s employment or during the one year period following Releasor’s receipt of the payment referenced in paragraph 1 (whichever is later), Releasor shall be required to return to Dell, upon demand, the gross amount specified in paragraph 1 above. Releasor understands and agrees that the return of the gross amount specified in paragraph 1 is in addition to and separate from any other relief available to Dell due to Releasor’s Conduct Detrimental to Dell. Releasor further understands and agrees that if Dell determines that Releasor engaged in Conduct Detrimental to Dell prior to the time of payment of the amount specified in paragraph 1, Dell will have no obligation to make such payment.
Return of Monies. Without prejudice to the Indemnity as aforesaid, in the event of a Buyer’s Termination Notice being issued then the Sellers agree that any and all monies paid by the Buyer to the Sellers by virtue hereof (if any) including any and all monies held in escrow (if at all) shall be refunded and returned forthwith to the Buyer. This provision does not include or pertain to any monies paid by the Buyer to consultants, contractors, suppliers or vendors retained to support the due diligence efforts during the Escrow Period. For the avoidance of doubt: If escrow has not closed and a Buyer’s Termination Notice is given after the 45 day Escrow Period has expired, the Xxxxxxx Money shall be immediately refunded to the Buyer's designated bank account and Buyer shall reconvey back to the Sellers any rights or interest Buyer might’ve acquired in such Mining, Water and Mineral Rights; If the Seller has completed the transaction with BNSF/Newmont and satisfied all the conditions under Termination Rights, such Mining, Water and Mineral Rights shall be transferred to Buyer. If escrow has not closed and a Sellers’ Termination Notice is given after the 45 day Escrow Period has expired, the Xxxxxxx Money shall be forfeited to the Sellers and Buyer shall reconvey back to the Sellers any rights or interest Buyer might’ve acquired in such Mining, Water and Mineral Rights;
