Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 238 contracts
Sources: Securities Purchase Agreement (Blackboxstocks Inc.), Secured Subsidiary Guarantee (Digital Ally, Inc.), Subsidiary Guarantee (Elicio Therapeutics, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 113 contracts
Sources: 5 Year Revolving Credit Agreement (NuStar Energy L.P.), Guarantee and Collateral Agreement (Gartner Inc), Credit Agreement
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Secured Parties upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 17 contracts
Sources: Subsidiary Guarantee Agreement, Subsidiary Guarantee (Cardax, Inc.), Subsidiary Guarantee (Dthera Sciences)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 13 contracts
Sources: Subsidiary Guarantee (CDT Equity Inc.), Subsidiary Guarantee (Hub Cyber Security Ltd.), Subsidiary Guarantee (Hub Cyber Security Ltd.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 9 contracts
Sources: Subsidiary Guarantee (CaliberCos Inc.), Subsidiary Guarantee (Directview Holdings Inc), Subsidiary Guarantee (Snap Interactive, Inc)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 8 contracts
Sources: Parent Guarantee, Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp)
Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 6 contracts
Sources: Corporate Guarantee (S&W Seed Co), Corporate Guarantee (S&W Seed Co), Guarantee (Media Arts Group Inc)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Holders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 6 contracts
Sources: Subsidiary Guarantee (Viscount Systems Inc), Subsidiary Guarantee (Accentia Biopharmaceuticals Inc), Subsidiary Guarantee (Accentia Biopharmaceuticals Inc)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Company Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Access Integrated Technologies Inc), Subordination Agreement (ABX Holdings, Inc.), Subsidiary Guaranty (Access Integrated Technologies Inc)
Reinstatement. The guarantee guaranty contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 5 contracts
Sources: Guaranty (Eastside Distilling, Inc.), Guaranty (Giga Tronics Inc), Guaranty (BitNile Metaverse, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or for any other reason otherwise, all as though such payments had not been made.
Appears in 5 contracts
Sources: Subsidiary Guarantee (PodcastOne, Inc.), Subsidiary Guarantee (LiveOne, Inc.), Subsidiary Guarantee (LiveXLive Media, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 5 contracts
Sources: Subsidiary Guarantee (Scorpius Holdings, Inc.), Subsidiary Guarantee (Houston American Energy Corp), Subsidiary Guarantee (Houston American Energy Corp)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 5 contracts
Sources: Subsidiary Guarantee (LOCAL Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Axis Technologies Group Inc)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Secured Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Seller or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Seller or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 5 contracts
Sources: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (AxoGen, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 5 contracts
Sources: Subsidiary Guaranty (Digital Recorders Inc), Subsidiary Guarantee (Smartsources Com Inc), Subsidiary Guaranty (Digital Recorders Inc)
Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 5 contracts
Sources: Credit Agreement (Recoton Corp), Credit and Guarantee Agreement (Warren S D Co /Pa/), Guarantee (Recoton Corp)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor intervener or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 5 contracts
Sources: Subsidiary Guarantee (POSITIVEID Corp), Subsidiary Guarantee (POSITIVEID Corp), Subsidiary Guarantee (POSITIVEID Corp)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Investors upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 4 contracts
Sources: Guaranty (Givbux, Inc.), Guaranty (Givbux, Inc.), Guaranty (Cyber App Solutions Corp.)
Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Borrower Creditor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 4 contracts
Sources: Guarantee (Cogentrix Energy Inc), Guarantee (Cogentrix Energy Inc), Guarantee (Cogentrix Delaware Holdings Inc)
Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Collateral Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 4 contracts
Sources: Credit Agreement (Energy Future Intermediate Holding CO LLC), Guarantee (Del Monte Foods Co), Guarantee (Energy Future Holdings Corp /TX/)
Reinstatement. The guarantee guaranty contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 3 contracts
Sources: Guaranty (Ault Alliance, Inc.), Guaranty (Alzamend Neuro, Inc.), Guaranty (Ault Alliance, Inc.)
Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any other Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 3 contracts
Sources: Senior Subordinated Guarantee (First Data Corp), Senior Unsecured Guarantee (First Data Corp), Senior Unsecured Guarantee (Energy Future Holdings Corp /TX/)
Reinstatement. The guarantee guarantees contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 3 contracts
Sources: Guarantee Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 3 contracts
Sources: Restatement Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)
Reinstatement. The guarantee guarantees contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 3 contracts
Sources: Cross Guarantee Agreement, Cross Guarantee Agreement (Constellation Brands, Inc.), Cross Guarantee Agreement (Constellation Brands, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 3 contracts
Sources: Securities Purchase Agreement (TNL Mediagene), Securities Purchase Agreement (Blue Ocean Acquisition Corp), Securities Purchase Agreement (TNL Mediagene)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Obligor or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Obligor or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 3 contracts
Sources: Guarantee (Calpian, Inc.), Guarantee (Excel Corp), Guarantee (Calpian, Inc.)
Reinstatement. The guarantee guarantees contained in this Section 2 1 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Holders or the Collateral Agent upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 3 contracts
Sources: Subsidiary Guarantee (Integrated Biopharma Inc), Subsidiary Guarantee (Integrated Biopharma Inc), Subsidiary Guarantee (Echo Therapeutics, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made, provided that the Guarantor's rights of contribution pursuant to Section 2(b) above shall similarly continue to be effective or be reinstated, as the case may be.
Appears in 2 contracts
Sources: Subsidiary Guarantee (Star Energy Corp), Subsidiary Guarantee (Star Energy Corp)
Reinstatement. The guarantee Guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 2 contracts
Sources: Guarantee Agreement (On Semiconductor Corp), Credit Agreement (Cable One, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Subscribers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 2 contracts
Sources: Subsidiary Guarantee (Oxford Media, Inc.), Subsidiary Guarantee (Oxford Media, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company UPDA or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company for UPDA or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 2 contracts
Sources: Subsidiary Guarantee (Universal Property Development & Acquisition Corp), Subsidiary Guarantee (Heartland Oil & Gas Corp)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation any Secured Party as a result of or reorganization in connection with an Insolvency Proceeding of the Company any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company any Borrower or any Guarantor or any substantial part of its propertyProperty, or otherwise, all as though such payments had not been made.
Appears in 2 contracts
Sources: Guarantee and Collateral Agreement (HollyFrontier Corp), Credit Agreement (HollyFrontier Corp)
Reinstatement. The guarantee contained in this Section 2 herein shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Company, or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 2 contracts
Sources: 364 Day Delayed Draw Term Loan Credit Agreement (General Motors Co), 364 Day Revolving Credit Agreement (General Motors Co)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Note Holders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 2 contracts
Sources: Subsidiary Guarantee (Oramed Pharmaceuticals Inc.), Subsidiary Guarantee (Scilex Holding Co)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or otherwise is or must otherwise be restored or returned by the Purchasers any Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 2 contracts
Sources: Guarantee Agreement (Istar Financial Inc), Guarantee Agreement (Istar Financial Inc)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Company Obligations is rescinded or must otherwise be restored or returned by the Purchasers Collateral Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 2 contracts
Sources: Note Purchase Agreement (HLTH Corp), Guarantee and Collateral Agreement (Medicor LTD)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Vendor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 ------------- shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Investor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time time, payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Secured Parties upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Subsidiary Guarantee (Nac Global Technologies, Inc.)
Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Agent or any Guaranteed Creditor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or of any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Guarantee (New Harvest Capital Corp)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, administrator, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrowers or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrowers or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Subsidiary Guarantee (Velocity Asset Management Inc)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Collateral Agent and the Secured Parties upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made, except to the extent such proceeding is permitted pursuant to and in accordance with the terms of the Loan Agreement.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall ------------ continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (G&l Realty Corp)
Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Agent or any Guaranteed Creditor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any of the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Subsidiary Guarantee (Metalink LTD)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Vanco upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Subsidiary Guarantee (Capital Growth Systems Inc /Fl/)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Buyer upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Subsidiary Guarantee (Zerify, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Purchasers either Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee guaranty contained in this Section 2 shall will continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Secured Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such the payments had not been made.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Electronic Cigarettes International Group, Ltd.)
Reinstatement. The guarantee contained in this Section 2 shall continue ------------- to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 herein shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Subsidiary or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Subsidiary or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Parent Guarantee (VCG Holding Corp)
Reinstatement. The guarantee contained in obligations of the Guarantor under this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Purchasers Beneficiary upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any GuarantorCompany, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments payment had not been made.
Appears in 1 contract
Reinstatement. The guarantee guarantees contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor intervener or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Subordinated Credit Agreement (Virgin Mobile USA, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 11 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Seller Obligations is rescinded or must otherwise be restored or returned by the Purchasers Buyer upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Sellers or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, Sellers or the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Securities Repurchase Agreement (Delta Financial Corp)
Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of HCLP or the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, HCLP or the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Guarantee (Hanover Compressor Co /)
Reinstatement. The guarantee guaranty contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Guaranty (Ault Alliance, Inc.)
Reinstatement. The guarantee contained in this Section ARTICLE 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Company Obligations is rescinded or must otherwise be restored or returned by the Purchasers Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Guarantee and Security Agreement (HC Innovations, Inc.)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue shallcontinue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantorof the Guarantors, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor of the Guarantors or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee guaranty contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Holders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee Each of the guarantees contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrowers or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrowers or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (Frontline Capital Group)
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.. β
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Agent or any Bank upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Debtor or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Debtor or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract
Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations First Lien Debt is rescinded or must otherwise be restored or returned by the Purchasers any Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company IGN or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company IGN or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.
Appears in 1 contract