Common use of Indefeasible Payment Clause in Contracts

Indefeasible Payment. The Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to Foothill are no longer subject to any right on the part of any person, including Borrower, Borrower as a debtor in possession, or any trustee (whether appointed under the Bankruptcy Code or otherwise) of 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. Upon such full and final performance and indefeasible payment of the Obligations whether by Guarantor or Borrower, Foothill shall have no obligation whatsoever to transfer or assign its interest in the Loan Documents to Guarantor. In the event that, for any reason, any portion of such payments to Foothill 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 Guarantor shall be liable for the full amount Foothill is required to repay plus any and all costs and expenses (including attorneys' fees) paid by Foothill in connection therewith.

Indefeasible Payment. The Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to Foothill Bank are no longer subject to any right on the part of any personPerson, including any Borrower, any Borrower as a debtor in possession, or any trustee (whether appointed under pursuant to the Bankruptcy Code Code, or otherwise) of any 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. Upon such full and final performance and indefeasible payment of the Obligations whether by Guarantor or BorrowerObligations, Foothill Bank shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Loan Documents to Guarantorany Borrower. In the event that, for any reason, any portion of such payments to Foothill 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 Guarantor any Borrower shall be liable for the full amount Foothill Bank is required to repay plus any and all costs and expenses (including attorneys' fees’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Foothill Bank in connection therewith.

Indefeasible Payment. The Apio Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to Foothill Lender are no longer subject to any right on the part of any personPerson, including BorrowerApio, Borrower Apio as a debtor in possession, or any trustee (whether appointed under pursuant to the Bankruptcy Code Code, or otherwise) of Borrower's assets any of Apio’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. Upon such full and final performance and indefeasible payment of the Obligations whether by Guarantor or BorrowerApio Obligations, Foothill Lender shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Apio Loan Documents to GuarantorBorrower. In the event that, for any reason, any portion of such payments to Foothill 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 Guarantor Borrower shall be liable for the full amount Foothill Lender is required to repay plus any and all costs and expenses (including attorneys' fees’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Foothill Lender in connection therewith.

Indefeasible Payment. The Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to Foothill Lender are no longer subject to any right on the part of any personPerson, including any Borrower, any Borrower as a debtor in possession, or any trustee (whether appointed under pursuant to the Bankruptcy Code Code, or otherwise) of any of 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. Upon such full and final performance and indefeasible payment of the Obligations whether by Guarantor or BorrowerObligations, Foothill Lender shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Loan Documents to Guarantorany Borrower. In the event that, for any reason, any portion of such payments to Foothill 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 Guarantor any Borrower shall be liable for the full amount Foothill Lender is required to repay plus any and all costs and expenses (including attorneys' feesfees and attorneys' fees incurred in proceedings brought under the Bankruptcy Code) paid by Foothill Lender in connection therewith.

Indefeasible Payment. The Obligations obligations under this Agreement shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to Foothill Bank are no longer subject to any right on the part of any personPerson, including Borrower, Borrower as a debtor in possession, or any trustee (whether appointed under pursuant to the Bankruptcy Code Code, or otherwise) of 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. Upon such full and final performance and indefeasible payment of the Obligations whether by Guarantor or Borrowerobligations under this Agreement, Foothill Bank shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Loan Documents to GuarantorApio. In the event that, for any reason, any portion of such payments to Foothill 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 Guarantor Apio shall be liable for the full amount Foothill Bank is required to repay plus any and all costs and expenses (including attorneys' fees’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Foothill Bank in connection therewith.