Common use of Indefeasible Payment Clause in Contracts

Indefeasible Payment. The Obligations shall not be considered indefeasibly paid unless and until all payments to the Lender are no longer subject to any right on the part of any Person, including the Affiliate Borrower, the Affiliate Borrower as a debtor in possession, or any trustee (whether appointed pursuant to the Bankruptcy Code, or otherwise) of the Affiliate Borrower's assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event that, for any reason, any portion of such payments to the Lender is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made, and the Borrower shall be liable for the full amount the Lender is required to repay plus any and all costs and expenses (including attorneys' fees and attorneys' fees incurred in proceedings brought under the Bankruptcy Code) paid by the Lender in connection therewith.

Indefeasible Payment. The Guarantied Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to the Lender and any Bank Product Provider are no longer subject to any right on the part of any Personperson whomsoever, including the Affiliate Borrower, the Affiliate Borrower as a debtor in possession, or any trustee (whether appointed pursuant to under the Bankruptcy Code, Code or otherwise) of the Affiliate Borrower's assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event that, for any reason, all or any portion of such payments to the Lender and any Bank Product Provider is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made, made and the Borrower Guarantor shall be liable for the full amount the Lender is and any Bank Product Provider are required to repay plus any and all reasonable costs and expenses (including attorneys' fees and attorneys' fees incurred in proceedings brought under the Bankruptcy Codereasonable attorneys fees) paid by the Lender or any Bank Product Provider in connection therewith.

Indefeasible Payment. The Guaranteed Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to the Lender are no longer subject to any right on the part of any Personperson, including the Affiliate Borrower, the Affiliate Borrower as a debtor in possession, or any trustee (whether appointed pursuant to under the Bankruptcy Code, Code or otherwise) of the Affiliate any of Borrower's ’s assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event that, for any reason, any portion of such payments to the Lender is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made, and the Borrower Guarantor shall be liable for the full amount the Lender is required to repay plus any and all costs and expenses (including attorneys' ’ fees and expenses and attorneys' ’ fees and expenses incurred in pursuant to proceedings brought arising under the Bankruptcy Code) paid by the Lender Lxxxxx in connection therewith.

Indefeasible Payment. The Obligations Indebtedness shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to the Lender Bank are no longer subject to any right on the part of any Personperson, including the Affiliate Borrower, the Affiliate Borrower as a debtor in possession, or any trustee (whether appointed pursuant to under the Bankruptcy Code, Code or otherwise) of the Affiliate any of Borrower's assets ’s assets, to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event that, for any reason, any portion of such payments to the Lender Bank is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made, and the Borrower Guarantor shall be liable for the full amount the Lender Bank is required to repay plus any and all costs and expenses (including reasonable attorneys' ’ fees or outside counsel and expenses and reasonable attorneys' ’ fees of outside counsel and expenses incurred in pursuant to proceedings brought arising under the Bankruptcy Code) paid by the Lender Bank in connection therewith.