Common use of Reinstatement; Certain Payments Clause in Contracts

Reinstatement; Certain Payments. If any claim is ever made upon the Collateral Agent or any Lender for repayment or recovery of any amount or amounts received by the Collateral Agent or such Lender in payment or on account of any of the Obligations, the Collateral Agent or such Lender shall give prompt notice of such claim to the Collateral Agent and each Lender and the Borrower, and if the Collateral Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Collateral Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Collateral Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Collateral Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Collateral Agent or such Lender.

Reinstatement; Certain Payments. If any claim is ever made upon the Collateral Agent Secured Parties or any Lender the Agents for repayment or recovery of any amount or amounts received by the Collateral Agent Secured Parties or such Lender the Agents in payment or received on account of any of the Obligations, the Collateral Agent Secured Parties or such Lender the Agents shall give prompt notice of such claim to the Collateral Agent and each Lender and the Borrower, and if the Collateral Agent Secured Parties or such Lender repays the Agents repay all or part of such amount by reason of (ia) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Collateral Agent Secured Parties or such Lender the Agents or any of its their respective property, or (iib) any good faith settlement or compromise of any such claim effected compliance by the Collateral Agent Secured Parties or such Lender the Agents with any such claimantrequirement of a Governmental Authority having jurisdiction over the Secured Parties or the Agents, then and in such event each Loan Party the Borrower agrees that (Ai) any such judgment, decree, order, settlement decree or compromise order shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder instrument evidencing the Obligations or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (Bii) it shall be and remain liable to the Collateral Agent Secured Parties or such Lender the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Collateral Agent Secured Parties or such Lenderthe Agents.

Reinstatement; Certain Payments. If any claim is ever made upon the Collateral Agent DIP Lenders or any Lender the Agents for repayment or recovery of any amount or amounts received by the Collateral Agent DIP Lenders or such Lender the Agents in payment or received on account of any of the Obligations, the Collateral Agent DIP Lenders or such Lender the Agents shall give prompt notice of such claim to the Collateral Agent and each Lender and the BorrowerBorrowers, and if the Collateral Agent DIP Lenders or such Lender repays the Agents repay all or part of such amount by reason of (iA) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Collateral Agent DIP Lenders or such Lender the Agents or any of its their respective property, or (iiB) any good faith settlement or compromise of any such claim effected compliance by the Collateral Agent DIP Lenders or such Lender the Agents with any such claimantrequirement of a Governmental Authority having jurisdiction over the DIP Lenders or the Agents, then and in such event each Loan Party agrees Borrowers agree that (Ai) any such judgment, decree, order, settlement decree or compromise order shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder instrument evidencing the Obligations or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (Bii) it shall be and remain liable to the Collateral Agent DIP Lenders or such Lender the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Collateral Agent DIP Lenders or such Lenderthe Agents.

Reinstatement; Certain Payments. If any claim is ever made upon the Collateral Agent Lenders, Issuer, Issuer or any Lender Agents for repayment or recovery of any amount or amounts received by the Collateral Agent Lenders, Issuer or such Lender Agents in payment or received on account of any of the Obligations, the Collateral Agent Lenders, Issuer or such Lender Agents shall give prompt notice of such claim to the Collateral Agent and each Lender and the Borrower, and if the Collateral Agent Lenders, Issuer or such Lender repays Agents repay all or part of such amount by reason of (i) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Collateral Agent or such Lender Lenders, Issuer, Agents or any of its their respective property, or (ii) any good faith settlement or compromise of any such claim effected by the Collateral Agent Lenders, Issuer or such Lender Agents with any such claimant, then and in such event each Loan Party Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder instrument evidencing the Obligations or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Collateral Agent Lenders, Issuer or such Lender Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Collateral Agent Lenders, Issuer or such LenderAgents.

Reinstatement; Certain Payments. If any claim is ever made upon the Collateral Agent Secured Creditors or any Lender the Agents for repayment or recovery of any amount or amounts received by the Collateral Agent Secured Creditors or such Lender the Agents in payment or received on account of any of the Obligations, the Collateral Agent Secured Creditors or such Lender the Agents shall give prompt notice of such claim to the Collateral Agent and each Lender and the BorrowerBorrowers, and if the Collateral Agent Secured Creditors or such Lender repays the Agents repay all or part of such amount by reason of (ia) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Collateral Agent Secured Creditors or such Lender the Agents or any of its their respective property, or (iib) any good faith settlement or compromise of any such claim effected compliance by the Collateral Agent Secured Creditors or such Lender the Agents with any such claimantrequirement of a Governmental Authority having jurisdiction over the Secured Creditors or the Agents, then and in such event each Loan Party agrees the Borrowers agree that (Ai) any such judgment, decree, order, settlement decree or compromise order shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder instrument evidencing the Obligations or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (Bii) it shall be and remain liable to the Collateral Agent Secured Creditors or such Lender the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Collateral Agent Secured Creditors or such Lenderthe Agents.

Reinstatement; Certain Payments. If any claim is ever made upon the Lender or the Collateral Agent or any Lender for repayment or recovery of any amount or amounts received by the Lender or the Collateral Agent or such Lender in payment or received on account of any of the Obligations, the Lender or the Collateral Agent or such Lender shall give prompt notice of such claim to the Collateral Agent and each Lender and the Borrower, and if the Lender or the Collateral Agent or such Lender repays repay all or part of such amount by reason of (i) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lender or the Collateral Agent or such Lender or any of its their respective property, or (ii) any good faith settlement compliance by the Lender or compromise of any such claim effected by the Collateral Agent or such Lender with any such claimantrequirement of a Governmental Authority having jurisdiction over the Lender or the Collateral Agent, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement decree or compromise order shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder instrument evidencing the Obligations or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (B) it shall be and remain liable to the Lender or the Collateral Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lender or the Collateral Agent or such LenderAgent.

Reinstatement; Certain Payments. If any claim is ever made upon the Collateral any Agent or any Lender for repayment or recovery of any amount or amounts received by the Collateral such Agent or such Lender in payment or on account of any of the Obligations, the Collateral such Agent or such Lender shall give prompt notice of such claim to the Collateral each other Agent and each Lender and the Administrative Borrower, and if the Collateral such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Collateral such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Collateral such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any 144 #97100791v3 Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Collateral such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Collateral such Agent or such Lender.

Reinstatement; Certain Payments. If any claim is ever made upon the Collateral Agent or any Lender the Lenders for repayment or recovery of any amount or amounts received by the Collateral Agent or such Lender the Lenders in payment or on account of any of the ObligationsObligations under this Agreement, the Collateral Agent or such Lender the Lenders shall give prompt notice of such claim to the Collateral Agent and each other Lender and the Borrower, and if the Collateral Agent or such Lender the Lenders repays all or part of such said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Collateral Agent or such Lender the Lenders or any of its their property, or (ii) any good faith settlement or compromise of any such claim effected by the Collateral Agent or such Lender the Lenders with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it the Borrower notwithstanding the cancellation of any Indebtedness hereunder Note or other instrument evidencing the Obligations under this Agreement or the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Collateral Agent or such Lender and the Lenders hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Collateral Agent or such Lenderthe Lenders.