Common use of Without limiting Section 7 Clause in Contracts

Without limiting Section 7. 14.1, each Lender or any Person who has received funds on behalf of a Lender (and each of their respective successors and assigns), agrees that if it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from the Administrative Agent (or any of its Affiliates) (x) that is in a different amount than, or on a different date from, that specified in this Agreement or in a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates) with respect to such payment, prepayment or repayment, (y) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates), or (z) that such Lender or other such recipient, otherwise becomes aware was transmitted, or received, in error or by mistake (in whole or in part), then in each such case: (a) it acknowledges and agrees that (A) in the case of immediately preceding clauses (x) or (y), an error and mistake shall be presumed to have been made (absent written confirmation from the Administrative Agent to the contrary) or (B) an error and mistake has been made (in the case of immediately preceding clause (z)), in each case, with respect to such payment, prepayment or repayment; and (b) such Lender shall use commercially reasonable efforts to (and shall use commercially reasonable efforts to cause any other recipient that receives funds on its respective behalf to) promptly (and, in all events, within one (1) Business Day of its knowledge of the occurrence of any of the circumstances described in immediately preceding clauses (x), (y) and (z)) notify the Administrative Agent of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying the Administrative Agent pursuant to this Section 7.14.2). For the avoidance of doubt, the failure to deliver a notice to the Administrative Agent pursuant to this Section 7.14.2 shall not have any effect on a Payment Recipient’s obligations pursuant to Section 7.14.1 or on whether or not an Erroneous Payment has been made.

Without limiting Section 7. 14.109(a), each Lender or Credit Party, or any Person who has received funds on behalf of a Lender (and each of their respective successors and assigns)or Credit Party, hereby further agrees that if it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from the Administrative Agent (or any of its Affiliates) (x) that is in a different amount than, or on a different date from, that specified in this Agreement or in a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates) with respect to such payment, prepayment or repayment, (y) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates), or (z) that such Lender or Credit Party, or other such recipient, otherwise becomes aware was transmitted, or received, in error or by mistake (in whole or in part), then then, in each such case: (ai) it acknowledges and agrees that (A) in the case of immediately preceding clauses (x) or (y), an error and mistake shall be presumed to have been made (absent written confirmation from the Administrative Agent to the contrary) or (B) in the case of AMERICAS/2024622711.7 AES Term Loan Agreement (2025) immediately preceding clause (z), an error and mistake has been made (in the case of immediately preceding clause (z))made, in each case, with respect to such payment, prepayment or repayment; and (bii) such Lender or Credit Party shall use commercially reasonable efforts to (and shall use commercially reasonable efforts to cause any other recipient that receives funds on its respective behalf to) promptly (and, in all events, within one (1) Business Day of its knowledge of the occurrence of any of the circumstances described in immediately preceding clauses (x), (y) and (z)) notify the Administrative Agent of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying the Administrative Agent pursuant to this Section 7.14.27.09(b). For the avoidance of doubt, the failure to deliver a notice to the Administrative Agent pursuant to this Section 7.14.2 7.09(b) shall not have any effect on a Payment Recipient’s obligations pursuant to Section 7.14.1 7.09(a) or on whether or not an Erroneous Payment has been made.

Without limiting Section 7. 14.14(b), each Lender or any Person who has received funds on behalf of a Lender (and each of their respective successors and assigns), agrees that if it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from the Administrative Facility Agent (or any of its Affiliatesaffiliates) (x) that is in a different amount than, or on a different date from, that specified in this Agreement or in a notice of payment, prepayment or repayment sent by the Administrative Facility Agent (or any of its Affiliatesaffiliates) with respect to such payment, prepayment or repayment, (y) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Facility Agent (or any of its Affiliatesaffiliates), or (z) that such Lender or other such recipient, otherwise becomes aware was transmitted, or received, in error or by mistake (in whole or in part), then in each such case: (ai) it acknowledges and agrees that (A) in the case of immediately preceding clauses (xSection 7.4(c)(x) or (ySection 7.4(c)(y), an error and mistake shall be presumed to have been made (absent written confirmation from the Administrative Facility Agent to the contrary) or (B) an error and mistake has been made (in the case of immediately preceding clause (zSection 7.4(c)(z)), in each case, with respect to such payment, prepayment or repayment; and (bii) such Lender shall use commercially reasonable efforts to (and shall use commercially reasonable efforts to cause any other recipient that receives funds on its respective behalf to) promptly (and, in all events, within one (1) Business Day of its knowledge of the occurrence of any of the circumstances described in immediately preceding clauses (xSection 7.4(c)(x), (ySection 7.4(c)(y) and (zSection 7.4(c)(z)) notify the Administrative Facility Agent of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying the Administrative Facility Agent pursuant to this Section 7.14.27.4(c). For the avoidance of doubt, the failure to deliver a notice to the Administrative Agent pursuant to this Section 7.14.2 shall not have any effect on a Payment Recipient’s obligations pursuant to Section 7.14.1 or on whether or not an Erroneous Payment has been made.

Without limiting Section 7. 14.14(b), each Lender or any Person who has received funds on behalf of a Lender (and each of their respective successors and assigns), agrees that if it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from the Administrative Agent (or any of its Affiliatesaffiliates) (x) that is in a different amount than, or on a different date from, that specified in this Agreement or in a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliatesaffiliates) with respect to such payment, prepayment or repayment, (y) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliatesaffiliates), or (z) that such Lender or other such recipient, otherwise becomes aware was transmitted, or received, in error or by mistake (in whole or in part), then in each such case: (ai) it acknowledges and agrees that (A) in the case of immediately preceding clauses (xSection 7.4(c)(x) or (ySection 7.4(c)(y), an error and mistake shall be presumed to have been made (absent written confirmation from the Administrative Agent to the contrary) or (B) an error and mistake has been made (in the case of immediately preceding clause (zSection 7.4(c)(z)), in each case, with respect to such payment, prepayment or repayment; and (bii) such Lender shall use commercially reasonable efforts to (and shall use commercially reasonable efforts to cause any other recipient that receives funds on its respective behalf to) promptly (and, in all events, within one (1) Business Day of its knowledge of the occurrence of any of the circumstances described in immediately preceding clauses (xSection 7.4(c)(x), (ySection 7.4(c)(y) and (zSection 7.4(c)(z)) notify the Administrative Agent of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying the Administrative Agent pursuant to this Section 7.14.27.4(c). For the avoidance of doubt, the failure to deliver a notice to the Administrative Agent pursuant to this Section 7.14.2 shall not have any effect on a Payment Recipient’s obligations pursuant to Section 7.14.1 or on whether or not an Erroneous Payment has been made.

Without limiting Section 7. 14.109(a), each Lender or Credit Party, or any Person who has received funds on behalf of a Lender (and each of their respective successors and assigns)or Credit Party, hereby further agrees that if it receives a payment, prepayment or repayment (whether received as a payment, prepayment or repayment of principal, interest, fees, distribution or otherwise) from the Administrative Agent (or any of its Affiliates) (x) that is in a different amount than, or on a different date from, that specified in this Agreement or in a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates) with respect to such payment, prepayment or repayment, (y) that was not preceded or accompanied by a notice of payment, prepayment or repayment sent by the Administrative Agent (or any of its Affiliates), or (z) that such Lender or Credit Party, or other such recipient, otherwise becomes aware was transmitted, or received, in error or by mistake (in whole or in part), then then, in each such case: (ai) it acknowledges and agrees that (A) in the case of immediately preceding clauses (x) or (y), an error and mistake shall be presumed to have been made (absent written confirmation from the Administrative Agent to the contrary) or (B) an error and mistake has been made (in the case of immediately preceding clause (z)), an error and mistake has been made, in each case, with respect to such payment, prepayment or repayment; and (bii) such Lender or Credit Party shall use commercially reasonable efforts to (and shall use commercially reasonable efforts to cause any other recipient that receives funds on its respective behalf to) promptly (and, in all events, within one (1) Business Day of its knowledge of the occurrence of any of the circumstances described in immediately preceding clauses (x), (y) and (z)) notify the Administrative Agent of its receipt of such payment, prepayment or repayment, the details thereof (in reasonable detail) and that it is so notifying the Administrative Agent pursuant to this Section 7.14.27.09(b). For the avoidance of doubt, the failure to deliver a notice to the Administrative Agent pursuant to this Section 7.14.2 7.09(b) shall not have any effect on a Payment Recipient’s obligations pursuant to Section 7.14.1 7.09(a) or on whether or not an Erroneous Payment has been made.