Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. No Secured Party shall be under any obligation to marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent any Secured Party receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower to such Secured Party as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. No Secured Party Neither the Administrative Agent nor any Lender shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent any Secured Party Lender receives any payment by or on behalf of the Borrowerany Loan Party, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower such Loan Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower such Loan Party to such Secured Party Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. No Secured Party Neither the Agent nor any Lender shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent any Secured Party Lender receives any payment by or on behalf of the Borrowerany Loan Party, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower any Loan Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower Loan Party to such Secured Party Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. No Secured Party Neither the Agent nor any Lender shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrower any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent any Secured Party Lender receives any payment by or on behalf of the Borrowerany Loan Party, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower such Loan Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the 101 108 liabilities of the Borrower such Loan Party to such Secured Party Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. No Secured Party Neither the Agent nor any Lender shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrower any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent any Secured Party Lender receives any payment by or on behalf of the Borrowerany Loan Party, which payment or any part thereof is subsequently 110 116 invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower such Loan Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower such Loan Party to such Secured Party Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. No Secured Party Neither the Agent nor any Lender shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrower any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent any Secured Party Lender 97 104 receives any payment by or on behalf of the Borrowerany Loan Party, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower such Loan Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower such Loan Party to such Secured Party Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. No Secured Party Neither the Agent nor any Lender shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent any Secured Party Lender receives any payment by or on behalf of the Borrowerany Loan Party, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower such Loan Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower such Loan Party to such Secured Party Lender as of the date such initial payment, reduction or satisfaction occurred.