Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. Neither the Administrative Agent, the Collateral Agent, any Subordinated Noteholder nor any Lender 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 Lender or any Subordinated Noteholder 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 Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Administrative Agent, the Collateral AgentBlackstone Asset Based Finance Representative, any Subordinated Noteholder Collateral Agent nor any Lender 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 Lender or any Subordinated Noteholder 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 Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither of the Administrative Lead Agent, the Collateral Agent, any Subordinated Noteholder Managing Co-Agent nor any Lender Bank shall be under any obligation to marshal any mars▇▇▇▇ ▇▇▇ 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 Lender or any Subordinated Noteholder Bank receives any payment by or on behalf of the BorrowerBorrower in connection with this Agreement, 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 Lender or such Subordinated Noteholder, as applicable, Bank as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither None of the Administrative AgentCollateral Trustee, the Collateral Agent, any Subordinated Noteholder nor Loan Agent or any Lender shall be under any obligation to marshal any assets in favor of the Borrower Co-Borrowers or any other party or against or in payment of any or all of the ObligationsSecured Loans. To the extent any Lender or any Subordinated Noteholder receives any payment by or on behalf of the BorrowerCo-Borrowers, 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 Co-Borrowers or its the applicable 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 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 Co-Borrowers to such Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Administrative Agent, the Collateral Agent, any Subordinated Noteholder Custodian nor any Lender shall will be under any obligation to marshal any assets in favor of the any Borrower Party or any other party or against or in payment of any or all of the Obligations. To the extent any Lender or any Subordinated Noteholder receives any payment by or on behalf of the Borrowera Borrower 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 a Borrower 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 then, to the extent of such payment or repayment, the Obligation or part thereof which has had been paid, reduced or satisfied by the amount so repaid shall repaid, will be reinstated by the amount so repaid and shall will be included within the liabilities of the such Borrower Party to such Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Administrative Agent, the Collateral Agent, any Subordinated Noteholder Agent nor any Lender shall be under any obligation to marshal marshall 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 Lender or any Subordinated Noteholder 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, 135 CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT 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 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 Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.