Common use of If Payments Set Aside, etc Clause in Contracts

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 If any payment applied by the Lender to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower or any other obligor),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)

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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by the Lender Agent -------------------------- or the Banks to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower or any other obligor),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 If any payment applied by the Lender to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower Borrowers or any other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 If any payment applied by the Lender to the Indebtedness is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of the Borrower Borrowers or any other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

Samples: Guaranty by Corporation (Kenexa Corp)

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)

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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

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