If Payments Set Aside, etc. If any payment applied by Buyer to the Guaranteed Obligations is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of Parent or any other Obligor or Person), the Guaranteed 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 Guaranteed Obligations as fully as if such application had never been made.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Iceweb Inc), Guaranty (Aura Systems Inc), Guaranty (Atrinsic, Inc.)
If Payments Set Aside, etc. If any payment applied by a Buyer to the Guaranteed Obligations is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of Parent or any other Obligor or Person), the Guaranteed 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 Guaranteed Obligations as fully as if such application had never been made.
Appears in 3 contracts
Samples: Registration Rights Agreement (Crumbs Bake Shop, Inc.), Guaranty (Morria Biopharmaceuticals PLC), Guaranty (Morria Biopharmaceuticals PLC)
If Payments Set Aside, etc. If any payment applied by Buyer Purchaser to the Guaranteed Obligations is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of Parent or any other Obligor or Person), the Guaranteed 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 Guaranteed Obligations as fully as if such application had never been made.
Appears in 3 contracts
Samples: Guaranty (Boldface Group, Inc.), Guaranty (Boldface Group, Inc.), Guaranty (Paradigm Holdings, Inc)
If Payments Set Aside, etc. If any payment applied by Buyer Noteholder to the Guaranteed Obligations is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of Parent or any other Obligor or Person), the Guaranteed 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 Guaranteed Obligations as fully as if such application had never been made.
Appears in 2 contracts
Samples: Guaranty (Workstream Inc), Guaranty (Workstream Inc)
If Payments Set Aside, etc. If any payment applied by Buyer Purchaser to the Guaranteed Obligations is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of Parent or any other Obligor or Person), the Guaranteed 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 Guaranteed Obligations as fully as if such application had never been made.
Appears in 1 contract
Samples: Guaranty (Rackwise, Inc.)
If Payments Set Aside, etc. If any payment applied by Buyer made with respect to the Guaranteed Obligations is thereafter set aside, recovered, rescinded or required to be returned for any reason (including, without limitation, the bankruptcy, insolvency or reorganization of Parent either or both of the Sellers or any other Obligor or Personobligor), the Guaranteed Obligations to which such payment was applied shall will for the purpose of this Guaranty be deemed to have continued in existence, notwithstanding such applicationpayment, and this Guaranty shall will be enforceable as to such Guaranteed the Obligations as fully as if such application had never been made.
Appears in 1 contract
Samples: Asset Purchase Agreement (Alpha Natural Resources, Inc.)