Common use of Forgiveness Clause in Contracts

Forgiveness. Notwithstanding anything to the contrary set forth in this Loan Agreement or any other Loan Instrument, in the event that the Tranche A Loan (together with all accrued and unpaid interest thereon) is repaid in full prior to March 31, 2006, from sources other than a sale or issuance of equity, sales of assets or issuance of Indebtedness (except a Permitted Refinancing), then the outstanding principal balance of the Tranche B Loan, together with accrued and unpaid interest thereon, shall be forgiven, and the Tranche B Note then cancelled; provided, however, that in the event that any such repayment of or in respect of the Tranche A Loan shall be rescinded or otherwise must be restored or returned by Lenders upon the insolvency, bankruptcy, dissolution, liquidation or any other action of the Borrower or for any other reason, the Tranche B Loan and accrued interest thereon shall continue to be effective or automatically reinstated, as the case may be, all as though such payment in respect of the Tranche A Loan had not be made.