Common use of Lenders’ Disgorgement of Payments Clause in Contracts

Lenders’ Disgorgement of Payments. Upon payment of all or any portion of the Loans, every Borrower’s Obligations under this Agreement and the other Credit Documents shall continue and remain in full force and effect if all or any part of such payment is, pursuant to any bankruptcy, insolvency or similar proceeding or otherwise, avoided or recovered directly or indirectly from any Agent or any Lender as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by such Borrower prior to such avoidance or recovery, or (b) payment in full of the Loans. Each Borrower’s liability under the Credit Documents shall continue until all periods have expired within which any Agent or Lenders could (on account of bankruptcy or insolvency proceedings, whether or not then pending, affecting any Borrower or any other Person) be required to return or repay any amount paid at any time on account of the Loans or the other Obligations. If, in any such proceeding, any party seeks to require any Agent or any Lender to disgorge or repay any payments previously made by any Borrower to any Agent or Lender, then such Borrower and/or every Borrower shall jointly and severally be obligated to pay such Agent or such Lender, within ten days after written request therefor, an amount equal to the amount adjudicated to be disgorged or repaid.

Lenders’ Disgorgement of Payments. Upon payment of all or any portion of the Loans, every Borrower’s Obligations under this Agreement and the other Credit Documents shall continue and remain in full force and effect if all or any part of such payment is, pursuant to any bankruptcy, insolvency or similar proceeding or otherwise, avoided or recovered directly or indirectly from any Agent or any Lender as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by such Borrower prior to such avoidance or recovery, or (b) payment in full of the Loans. Each Borrower’s liability under the Credit Documents shall continue until all periods have expired within which any Agent or Lenders could (on account of bankruptcy or insolvency proceedings, Trico Marine DIP Credit Agreement whether or not then pending, affecting any Borrower or any other Person) be required to return or repay any amount paid at any time on account of the Loans or the other Obligations. If, in any such proceeding, any party seeks to require any Agent or any Lender to disgorge or repay any payments previously made by any Borrower to any Agent or Lender, then such Borrower and/or every Borrower shall jointly and severally be obligated to pay such Agent or such Lender, within ten days after written request therefor, an amount equal to the amount adjudicated to be disgorged or repaid.

Lenders’ Disgorgement of Payments. Upon payment of all or any portion of the Loans, every Borrower’s Obligations obligations under this Agreement and the other Credit Loan Documents shall continue and remain in full force and effect if all or any part of such payment is, pursuant to any bankruptcy, insolvency or similar proceeding or otherwise, avoided or recovered directly or indirectly from any the Administrative Agent or any Lender as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by such Borrower prior to such avoidance or recovery, or (b) payment in full of the Loans. Each Borrower’s liability under the Credit Loan Documents shall continue until all periods have expired within which any the Administrative Agent or Lenders could (on account of bankruptcy or insolvency proceedings, whether or not then pending, affecting any Borrower or any other Personperson) be required to return or repay any amount paid at any time on account of the Loans or the other ObligationsLoans. If, in any such proceeding, any party seeks to require any the Administrative Agent or any Lender to disgorge or repay any payments previously made by any Borrower to any the Administrative Agent or Lender, then such Borrower and/or every Borrower all Borrowers shall jointly and severally be obligated to pay such the Administrative Agent or such Lender, within ten fifteen (15) days after written request therefor, an amount equal to the amount adjudicated to be disgorged or repaid.. REMAINDER OF PAGE INTENTIONALLY BLANK 143

Lenders’ Disgorgement of Payments. Upon payment of all or any portion of the Loans, every Borrowereach Credit Party’s Obligations under this Agreement and the other Credit Documents shall continue and remain in full force and effect if all or any part of such payment is, pursuant to any bankruptcy, insolvency or similar proceeding or otherwise, avoided or recovered directly or indirectly from any either Agent or any Lender as a preference, fraudulent transfer or otherwise, irrespective of (a) any notice of revocation given by such the Borrower prior to such avoidance or recovery, or (b) payment in full of the Loans. Each BorrowerCredit Party’s liability under the Credit Documents shall continue until all periods have expired within which any either Agent or any Lenders could (on account of bankruptcy or insolvency proceedings, whether or not then pending, affecting any Borrower Credit Party or any other Person) be required to return or repay any amount paid at any time on account of the Loans or the other Obligations. If, in any such proceeding, any party seeks to require any either Agent or any Lender to disgorge or repay any payments previously made by any Borrower Credit Party to any either Agent or any Lender, then such Borrower and/or every Borrower each Credit Party shall jointly and severally be obligated to pay such Agent or such Lender, within ten (10) days after written request therefor, an amount equal to the amount adjudicated to be disgorged or repaid.