Common use of Return of Payments Clause in Contracts

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 107 contracts

Samples: Credit Agreement (Reading International Inc), Credit Agreement (TNS Inc), Credit Agreement (Accuro Healthcare Solutions, Inc.)

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Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 96 contracts

Samples: Credit Agreement (Gateway Inc), Credit Agreement (H&E Equipment Services, Inc.), Assignment Agreement (XPO Logistics, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from a Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the Federal Funds Rate.

Appears in 73 contracts

Samples: Credit, Security and Guaranty Agreement (Oxford Immunotec Global PLC), Credit and Security Agreement (Skilled Healthcare Group, Inc.), Credit and Security Agreement (Radius Health, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from the Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 51 contracts

Samples: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (R1 RCM Inc.), Credit Agreement (Entravision Communications Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 39 contracts

Samples: Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Green Mountain Coffee Roasters Inc), Credit Agreement (Wilsons the Leather Experts Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower a Loan Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount (including interest accruing on such amount at the Federal Funds Rate for the first Business Day and thereafter, at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 24 contracts

Samples: Loan and Security Agreement (Endocyte Inc), Loan and Security Agreement (Cytori Therapeutics, Inc.), Loan and Security Agreement (Cytori Therapeutics, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower the Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 23 contracts

Samples: Term Loan Agreement (Talbots Inc), Credit Agreement (Landec Corp \Ca\), Credit Agreement (Cryolife Inc)

Return of Payments. (i1) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 23 contracts

Samples: Loan and Security Agreement (Katapult Holdings, Inc.), Loan and Security Agreement (Unitel Video Inc/De), Loan and Security Agreement (Chief Auto Parts Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower a Credit Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount (including interest accruing on such amount at the Federal Funds Rate for the first Business Day and thereafter, at the rate otherwise applicable to such Obligation) from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 22 contracts

Samples: Credit and Security Agreement (Mannkind Corp), Credit, Guaranty and Security Agreement (Midatech Pharma PLC), Credit and Security Agreement (Biocryst Pharmaceuticals Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower a Credit Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the Federal Funds Rate.

Appears in 17 contracts

Samples: Credit, Security and Guaranty Agreement (Wright Medical Group N.V.), Credit, Security and Guaranty Agreement (Cerus Corp), Credit, Security and Guaranty Agreement (Cerus Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 15 contracts

Samples: Loan and Security Agreement (Katapult Holdings, Inc.), Loan and Security Agreement (CURO Group Holdings Corp.), Revolving Credit and Security Agreement (America Service Group Inc /De)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower any Credit Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 11 contracts

Samples: And Security Agreement (Trover Solutions Inc), Credit Agreement (DTLR Holding, Inc.), Revolving Facility Agreement (Evolving Systems Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 11 contracts

Samples: Credit Agreement (Green Mountain Coffee Inc), Credit Agreement (Astec Industries Inc), Credit Agreement (American Eco Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the Federal Funds Rate.

Appears in 9 contracts

Samples: Credit Agreement (Reliant Pharmaceuticals, Inc.), Credit Agreement (Reliant Pharmaceuticals, Inc.), Credit Agreement (Reliant Pharmaceuticals, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from a Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 8 contracts

Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower a Loan Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 7 contracts

Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.), Loan and Security Agreement (AMEDICA Corp), Loan and Security Agreement (Cas Medical Systems Inc)

Return of Payments. (i) If Applicable Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Applicable Agent from the Borrower and such related payment is not received by Applicable Agent, then Applicable Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 7 contracts

Samples: Credit Agreement (SelectQuote, Inc.), Credit Agreement (Truck Hero, Inc.), Credit Agreement (SelectQuote, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 6 contracts

Samples: Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from any Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 5 contracts

Samples: Loan and Security Agreement (Harvest Capital Credit Corp), Loan and Security Agreement (Harvest Capital Credit Corp), Loan and Security Agreement (Harvest Capital Credit Corp)

Return of Payments. (i) If an Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by such Agent from the applicable Borrower and such related payment is not received by such Agent, then such Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 5 contracts

Samples: Credit Agreement (Thermon Holding Corp.), Non Competition Agreement (Thermon Holding Corp.), Credit Agreement (Thermon Holding Corp.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 5 contracts

Samples: Loan and Security Agreement (Secure America Acquisition CORP), Loan and Security Agreement (Jan Bell Marketing Inc), Revolving Credit and Security Agreement (Skilled Healthcare Group Inc)

Return of Payments. (i) If the Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by the Agent from Borrower the Borrowers and such related payment is not received by the Agent, then the Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim counterclaim, withholding or deduction of any kind.

Appears in 4 contracts

Samples: Credit Agreement (International Textile Group Inc), Credit Agreement (International Textile Group Inc), Credit Agreement (International Textile Group Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, Agent then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 4 contracts

Samples: Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount (including interest accruing on such amount at the Federal Funds Rate for the first Business Day and thereafter, at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 4 contracts

Samples: Loan and Security Agreement (Codexis Inc), Loan and Security Agreement (Codexis Inc), Loan and Security Agreement (Codexis Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from U.S. Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 3 contracts

Samples: Credit Agreement (Uap Holding Corp), Credit Agreement (Uap Holding Corp), Credit Agreement (Platte Chemical Co)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from any Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 3 contracts

Samples: Credit Agreement (Northland Cable Properties Seven Limited Partnership), Credit Agreement (Evraz North America LTD), Credit Agreement (Evraz North America PLC)

Return of Payments. (i1) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim counterclaim, or deduction of any kind.

Appears in 3 contracts

Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc)

Return of Payments. (i) If the Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by the Agent from the Borrower and such related payment is not received by the Agent, then the Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 3 contracts

Samples: Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower the Dealers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 3 contracts

Samples: Inventory Financing Agreement (OneWater Marine Inc.), Inventory Financing Agreement (OneWater Marine Inc.), Inventory Financing Agreement (OneWater Marine Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from any Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the Federal Funds Rate.

Appears in 3 contracts

Samples: Credit Agreement (Comsys It Partners Inc), Credit Agreement (Aar Corp), Credit Agreement (Comsys It Partners Inc)

Return of Payments. (i) If Agent pays an amount to a Lender or the Fronting Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender or the Fronting Lender, as applicable, on demand without setoff, counterclaim or deduction of any kind.

Appears in 3 contracts

Samples: Credit Agreement (Sothebys), Credit Agreement (Sothebys), Credit Agreement (Sothebys)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by the Agent from Borrower the Borrowers and such related payment is not received by Agent, then the Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 3 contracts

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc), Loan and Security Agreement (KMC Telecom Holdings Inc), Loan and Security Agreement (KMC Telecom Holdings Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the Federal Funds Rate.

Appears in 2 contracts

Samples: Credit Agreement (Williams Controls Inc), Credit Agreement (Ahl Services Inc)

Return of Payments. (i1) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower a Loan Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Loan and Security Agreement (Comforce Corp), Tender Offer Loan Agreement (Lund International Holdings Inc)

Return of Payments. (i) If any Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by such Agent from Borrower Borrowers and such related payment is not received by such Agent, then such Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Westaff Inc), Credit Agreement (Exopack Holding Corp)

Return of Payments. (i) If Agent pays an amount to a Lender or Term Loan D Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower any Credit Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand or Term Loan D Lender without setoffset-off, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.)

Return of Payments. (i) If either Appropriate Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by such Agent from Borrower Borrowers and such related payment is not received by such Agent, then such Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Tempur Pedic International Inc), Credit Agreement (Twi Holdings Inc)

Return of Payments. (ia) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from a Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the Federal Funds Rate.

Appears in 2 contracts

Samples: Credit and Security Agreement (Akoya Biosciences, Inc.), Credit and Security Agreement (Accuray Inc)

Return of Payments. (i) If either Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by such Agent from Borrower Borrowers and such related payment is not received by such Agent, then such Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Wesco International Inc), Credit Agreement (Wesco International Inc)

Return of Payments. (i) If the Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by the Agent from Borrower the Borrowers and such related payment is not received by the Agent, then the Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower the Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim counterclaim, defense, or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Rimini Street, Inc.), Credit Agreement (Rimini Street, Inc.)

Return of Payments. (i) If any Agent pays an amount to a Lender or the Fronting Lender under this Agreement in the belief or expectation that a related payment has been or will be received by such Agent from Borrower Borrowers and such related payment is not received by such Agent, then such Agent will be entitled to recover such amount from such Lender or the Fronting Lender, as applicable, on demand without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Sothebys), Credit Agreement (Sothebys)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent or on behalf of from Borrower any Loan Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Loan and Security Agreement (LumiraDx LTD), Loan and Security Agreement (LumiraDx LTD)

Return of Payments. (i) If the Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by the Agent from the Borrower and such related payment is not received by the Agent, then the Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Lulu's Fashion Lounge Holdings, Inc.), Credit Agreement (Lulu's Fashion Lounge Holdings, Inc.)

Return of Payments. (iA) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower the Dealers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Inventory Financing Agreement (OneWater Marine Inc.), Inventory Financing Agreement (OneWater Marine Inc.)

Return of Payments. (i) If i)If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower a Credit Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount (including interest accruing on such amount at the Federal Funds Rate for the first Business Day and thereafter, at the rate otherwise applicable to such Obligation) from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit and Security Agreement (Rigel Pharmaceuticals Inc), Credit and Security Agreement (Ocular Therapeutix, Inc)

Return of Payments. (i1) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 2 contracts

Samples: Credit Agreement (Zenith Electronics Corp), Term Loan Agreement (Zenith Electronics Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender, or, if such Lender on demand is a Conduit Lender, such Conduit Lender’s related Committed Lender without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Loan and Security Agreement (Enova International, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the greater of the Federal Funds Rate and a rate determined by the Agent in accordance with banking industry rules on interbank compensation.

Appears in 1 contract

Samples: Credit Agreement (Greenbacker Renewable Energy Co LLC)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.. 109

Appears in 1 contract

Samples: Term Loan Credit Agreement (Visteon Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from the Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.. US-DOCS\99983253.20

Appears in 1 contract

Samples: Credit Agreement (R1 RCM Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without interest, setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Universal Hospital Services Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower 57 and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Roller Bearing Co of America Inc)

Return of Payments. (i) If a)If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the Federal Funds Rate.

Appears in 1 contract

Samples: Loan and Security Agreement (Show Me Ethanol, LLC)

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Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower the BorrowersBorrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim counterclaim, defense, or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Rimini Street, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Aerial and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Aerial Communications Inc)

Return of Payments. (iix) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from a Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the Federal Funds Rate.

Appears in 1 contract

Samples: Credit and Security Agreement (Skilled Healthcare Group, Inc.)

Return of Payments. (ia) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by the Agent from the Borrower and such related payment is not received by Agent, then the Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Telecorp Tritel Holding Co)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower U.S. Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Uap Holding Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower or on behalf of Borrowers and such related payment is not received by Agent, Agent then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Green Plains Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kindkind together with interest thereon, for each day from and including the date such amount is made available by Agent to such Lender to, but excluding, the date of repayment to Agent, at the Federal Funds Rate, and such payment to such Lender shall be deemed to not have been made.

Appears in 1 contract

Samples: Loan Agreement (CTC Communications Corp)

Return of Payments. (ia) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from a Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Rand Acquisition CORP)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower a Credit Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind., together with interest accruing on a daily basis at the Federal Funds Rate. Avenue / Rubicon / Credit, Security and Guaranty Agreement

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Rubicon Technologies, Inc.)

Return of Payments. (i23) If the Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by the Agent from the Borrower and such related payment is not received by the Agent, then the Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Synnex Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers or Specified Borrowers, as the case may be, and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Hometown Auto Retailers Inc)

Return of Payments. (iiii) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender, or, if such Lender on demand is a Conduit Lender, such Conduit Lender’s related Bank Branch without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Loan and Security Agreement (RumbleOn, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Loan Agreement (PDS Gaming Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under ------------------ this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Assignment Agreement (Montgomery Ward Holding Corp)

Return of Payments. (i) If any Agent or Fronting Lender pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by such Agent or Fronting Lender from Borrower Borrowers and such related payment is not received by Agentsuch Agent or Fronting Lender, then such Agent or Fronting Lender will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Fibermark Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received 137 by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Scott Technologies Inc)

Return of Payments. (ia) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Hockey Co)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.. 95

Appears in 1 contract

Samples: Loan and Security Agreement (Bluegreen Vacations Corp)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from the Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim counterclaim, defense, or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Iteris, Inc.)

Return of Payments. (i) If the Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower the Borrowers and such related payment is not received by the Agent, then the Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Fortrea Holdings Inc.)

Return of Payments. (i) If i)If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower the Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Cryolife Inc)

Return of Payments. (i) xvii.If Applicable Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Applicable Agent from the Borrower and such related payment is not received by Applicable Agent, then Applicable Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (SelectQuote, Inc.)

Return of Payments. (i) If any Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by such Agent from Borrower and such related payment is not received by such Agent, then such Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Darling International Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from a Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind., together with interest accruing on a daily basis at the Federal Funds Rate. 91

Appears in 1 contract

Samples: Credit and Security Agreement (Treace Medical Concepts, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Company and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Senior Unsecured Bridge Term Loan Credit Agreement (XPO Logistics, Inc.)

Return of Payments. (i) If Applicable Agent pays an amount to a an Applicable Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Applicable Agent from Borrower US Borrowers or Netherlands Borrowers, as the case may be, and such related payment is not received by Applicable Agent, then Applicable Agent will be entitled to recover such amount from such Applicable Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (RPP Capital Corp)

Return of Payments. (i) If i)If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower the Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim counterclaim, defense, or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Amphastar Pharmaceuticals, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kindkind together with interest thereon, for each day from and including the date such amount is made available by Agent to such Lender to but excluding the date of repayment to Agent, at the Federal Funds Effective Rate, and such payment to such Lender shall be deemed to not have been made.

Appears in 1 contract

Samples: Loan and Security Agreement (Aureal Semiconductor Inc)

Return of Payments. (i) If the Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by the Agent from Borrower and such related payment is not received by the Agent, then the Agent will be entitled to recover such amount from such Lender on demand without setoffset-off, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit and Security Agreement (Tower Air Inc)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower a Credit Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind., together with interest accruing on a daily basis at the Federal Funds Rate. 104

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Wright Medical Group N.V.)

Return of Payments. (ia) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from any Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Surmodics Inc)

Return of Payments. (iiii) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower a Loan Party and such related payment is not received by Agent, then Agent will be entitled to recover such amount (including interest accruing on such amount at the rate otherwise applicable to such Obligation) from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from the relevant Borrower and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

Return of Payments. (ia) If Agent pays an amount to a Lender under this Agreement in the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind, together with interest accruing on a daily basis at the Federal Funds Effective Rate.

Appears in 1 contract

Samples: Credit and Security Agreement (Differential Brands Group Inc.)

Return of Payments. (i) If Agent pays an amount to a Lender under this Agreement in with the belief or expectation that a related payment has been or will be received by Agent from Borrower Borrowers and such related payment is not received by Agent, then Agent will be entitled to recover such amount from such Lender on demand without setoff, counterclaim or deduction of any kind.

Appears in 1 contract

Samples: Credit Agreement (Life Time Fitness Inc)

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