If Payments Set Aside, etc. If any payment applied by the Lender to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower or any other obligor), the Indebtedness to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness as fully as if such application had never been made.
Appears in 16 contracts
Samples: Credit Agreement (Kodiak Oil & Gas Corp), Guaranty (Infotech Usa Inc), Guaranty by Corporation (Gvi Security Solutions Inc)
If Payments Set Aside, etc. If any payment applied by the Lender Agent -------------------------- or the Banks to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower or any other obligor), the Indebtedness to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness as fully as if such application had never been made.
Appears in 8 contracts
Samples: Nationwide Electric Inc, Nationwide Electric Inc, Nationwide Electric Inc
If Payments Set Aside, etc. If any payment applied by the Lender to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower Borrowers or any other obligor), the Indebtedness to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness as fully as if such application had never been made.notwithstanding
Appears in 4 contracts
Samples: Jakks Pacific Inc, Jakks Pacific Inc, Jakks Pacific Inc
If Payments Set Aside, etc. If any payment applied by the Lender to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower Borrowers or any other obligor), the Indebtedness to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness as fully as if such application had never been made.
Appears in 3 contracts
Samples: Guaranty by Corporation (Pacific Cma Inc), Guaranty by Company (Pacific Cma Inc), Guaranty (Pacific Cma Inc)
If Payments Set Aside, etc. If any payment applied by the Lender to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the any Borrower or any other obligor), the Indebtedness to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness as fully as if such application had never been made.
Appears in 3 contracts
Samples: Global Employment Holdings, Inc., Global Employment Holdings, Inc., And (Leather Factory Inc)
If Payments Set Aside, etc. If any payment applied by the Agent or any Lender to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower or any other obligor), the Indebtedness to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness as fully as if such application had never been made.
Appears in 1 contract
If Payments Set Aside, etc. If any payment applied by the Lender Bank to the Indebtedness Obligations is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower or any other obligor), the Indebtedness Obligations to which such payment was applied shall for the purpose of this Amended Guaranty be deemed to have continued in existence, notwithstanding such application, and this Amended Guaranty shall be enforceable as to such Indebtedness Obligations as fully as if such application had never been made.
Appears in 1 contract
Samples: Guaranty (US BioEnergy CORP)
If Payments Set Aside, etc. If any payment applied by the Lender to -------------------------- the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower or any other obligor), the Indebtedness to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness as fully as if such application had never been made.
Appears in 1 contract
Samples: Heartland Technology Inc
If Payments Set Aside, etc. If any payment applied by the Lender to the Indebtedness Obligations is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower or any other obligor), the Indebtedness Obligations to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness Obligations as fully as if such application had never been made.
Appears in 1 contract
Samples: Guaranty (LIVE VENTURES Inc)
If Payments Set Aside, etc. If any payment applied by the Lender to the Indebtedness Obligations is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower or any other obligor), the Indebtedness Obligations to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness Obligations as fully as if such application had never been made.
Appears in 1 contract
Samples: Customer Agreement
If Payments Set Aside, etc. If any payment applied by the Lender Fund to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower Maker or any other obligor), the Indebtedness to which such payment was applied shall for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such application, and this Guaranty shall be enforceable as to such Indebtedness as fully as if such application had never been made.
Appears in 1 contract
Samples: Metretek Technologies Inc