Preferential Payment. If at any time any payment made pursuant to this Note is deemed to have been a voidable preference, fraudulent conveyance or other similar conveyance or preferential payment under any bankruptcy, insolvency or other debtor relief or similar law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return of this Note to Shuttle Pharma and shall not be discharged or satisfied with any such payment or cancellation. Such payment shall instead remain a valid and binding obligation enforceable in accordance with the terms of this Note and shall be immediately due and payable.
Preferential Payment. If at any time any payment made pursuant to this Note is deemed to have been a voidable preference, fraudulent conveyance or other similar conveyance or preferential payment under any bankruptcy, insolvency or other debtor relief or similar law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return of this Note to Hightimes and shall not be discharged or satisfied with any such payment or cancellation. Such payment shall instead remain a valid and binding obligation enforceable in accordance with the terms of this Note and shall be immediately due and payable.
Preferential Payment. Guarantor agrees that to the extent Borrower or Guarantor makes any payment to Lender in connection with the Indebtedness, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential; set aside or required to be repaid by Lender or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a "Preferential Payment"), then this Guaranty shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Lender, the Indebtedness or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if said Preferential Payment had not been made.
Preferential Payment. Fan agrees that to the extent it or Fancher makes any payment to the Bank xx xxnnection with the Loan Documents and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by the Bank or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereafter referred to as a "Preferential Payment"), then this Agreement shall continue to be effective or shall be reinstated, as the case may be.
Preferential Payment. The Guarantor agrees that to the extent any Borrower or any other guarantor makes any payment to Secured Parties in connection with the Obligations, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Secured Parties or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (including pursuant to any settlement entered into by any Secured Party in its discretion) (any such payment is hereinafter referred to as a “Preferential Payment”), then this Agreement shall continue to be effective or shall be deemed to be reinstated, as the case may be, and, to the extent of such payment or repayment by Secured Parties, the Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if said Preferential Payment had not been made.
Preferential Payment. Each Limited Partner agrees to pay its pro rata share (based on the ratio that each such Emeryville Limited Partner's Share bears to the total of all of the Emeryville Limited Partners' Shares) of Debtor's reasonable out-of-pocket costs and expenses, including but not limited to legal fees and disbursements, incurred in any effort to collect or enforce any of the Section 4.11 Indebtedness or this Section 4.11, whether or not any lawsuit is filed. Any payment made by any Limited Partner under this Section 4.11 shall be deemed to be a Capital Contribution by said Limited Partner to the Partnership. This Section 4.11 shall be governed by California law, and may be amended only by a written instrument executed by the Limited Partners listed on Exhibit Y hereto and Debtor; provided, however, that a Emeryville Limited Partner's Share may be increased (but not decreased) pursuant to a written instrument executed by the Debtor and such Limited Partner so long as such action does not increase or decrease any other Emeryville Limited Partner's Share. The provisions of this Section 4.11 shall bind and benefit the heirs' executors, administrators, legal representatives, successors and assigns of each Limited Partner and Debtor. Whenever the context requires, all terms used in the singular will be construed in the plural and vice versa, and each gender will include each other gender. Notwithstanding anything to the contrary provided herein, in no event shall any Limited Partner be entitled to the issuance of any Additional Units as a result of any contribution made by such Limited Partner pursuant to this Section 4.11, nor shall the Percentage Interests of the Partners be adjusted as a result thereof. Subject to the foregoing sentence, if any Limited Partner makes a payment under that certain Reimbursement Agreement between the Limited Partners listed on Exhibit Y hereto and the General Partner, dated January __, 1997, such payment shall for all other purposes be deemed to constitute a Capital Contribution to the Partnership pursuant to this Section 4.11.
Preferential Payment. Xxxxxxxx agrees that to the extent Borrower or any Surety makes any payment to MTM in connection with the indebtedness evidenced by this Note, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by MTM or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a "Preferential Payment"), then the indebtedness of Borrower under this Note shall continue or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by MTM, the indebtedness evidenced by this Note or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if said Preferential Payment had not been made.
Preferential Payment. Borrower and each Co-Maker agree that to the extent Borrower or any Surety makes any payment to Bank in connection with the indebtedness evidenced by this Note, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Bank or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a "Preferential Payment"), then the indebtedness of Borrower and Co-Makers under this Note shall continue or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Bank, the indebtedness evidenced by this Note or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if said Preferential Payment had not been made.
Preferential Payment. If at any time any payment made pursuant to this Note is deemed to have been a voidable preference, fraudulent conveyance or other similar conveyance or preferential payment under any bankruptcy, insolvency or other debtor relief or similar law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Note or return of this Note to Signing Day Sports and shall not be discharged or satisfied with any such payment or cancellation. Such payment shall instead remain a valid and binding obligation enforceable in accordance with the terms of this Note and shall be immediately due and payable.
Preferential Payment. If at any time any payment made pursuant to this Agreement is deemed to have been a voidable preference, fraudulent conveyance or other similar conveyance or preferential payment under any bankruptcy, insolvency or other Pledgor relief or similar law, then the obligation to make such payment shall survive any cancellation or satisfaction of this Agreement or return of this Agreement to Pledgor and shall not be discharged or satisfied with any such payment or cancellation. Such payment shall instead remain a valid and binding obligation enforceable in accordance with the terms of this Agreement and shall be immediately due and payable.
