Preference Issues. If any Secured Party is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Obligor any amount as a preference (a "Recovery"), then the Lender Claims shall be reinstated to the extent of such Recovery and the Secured Parties shall be entitled to a Discharge of Lender Claims with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.
Appears in 4 contracts
Samples: Intercreditor Agreement (Worldspan Ijet Holdings LLC), Intercreditor Agreement (Advanstar Communications Inc), Intercreditor Agreement (Mens Apparel Guild in California Inc)
Preference Issues. If any Secured Party is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the Borrower or the estate of any Obligor other Loan Party any amount as a preference (a "βRecovery"β), then the Lender Claims Obligations of such Secured Party shall be reinstated to the extent of such Recovery and the such Secured Parties Party shall be entitled to a Discharge receive payment in full of Lender Claims with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatementhereto.
Appears in 3 contracts
Samples: Intercreditor Agreement (Dana Holding Corp), Intercreditor Agreement (Express Parent LLC), Intercreditor Agreement (Express Parent LLC)
Preference Issues. If any Secured Party is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of either Company or any Obligor other Grantor any amount as a preference (a "Recovery"), then the Lender Claims Secured Obligations shall be reinstated to the extent of such Recovery and the Secured Parties shall be entitled to a Discharge of Lender Claims with respect to all such recovered amountsRecovery. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.
Appears in 1 contract
Samples: Collateral Sharing Agreement (On Semiconductor Corp)
