Common use of Reinstatement Clause in Contracts

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be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 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

Samples: Guarantee and Collateral Agreement (Armored AutoGroup Inc.), Term Loan Credit Agreement (NBCUniversal Media, LLC), Intercreditor Agreement (Fender Musical Instruments Corp)

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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be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 62 contracts

Samples: Guarantee and Collateral Agreement (Syniverse Technologies Inc), Guarantee and Collateral Agreement (Spanish Broadcasting System Inc), Guarantee and Collateral Agreement (Generac 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be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 25 contracts

Samples: Year Credit Agreement (General Electric Co), Credit Agreement (MSC Industrial Direct Co Inc), Bridge Loan Agreement (General Electric 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 Borrower Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any such Guarantor or any substantial part of its respective property, or otherwise, all as though such payments had not been made.

Appears in 24 contracts

Samples: Guarantee and Collateral Agreement (Alarm.com Holdings, Inc.), Credit Agreement (Alarm.com Holdings, Inc.), Guarantee and Collateral Agreement (Barracuda Networks 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 Administrative Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 22 contracts

Samples: Guarantee and Collateral Agreement (NBC Acquisition Corp), Guarantee and Collateral Agreement (Infrasource Services Inc), Guarantee and Collateral Agreement (Air Transport Services 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 Borrower Obligations or Guarantor Hedge Agreement Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 21 contracts

Samples: Guarantee and Collateral Agreement (Sba Communications Corp), Credit Agreement (Hudson Pacific Properties, Inc.), Guarantee and Collateral Agreement (Sba Communications 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 19 contracts

Samples: Credit Agreement (PRA Health Sciences, Inc.), Revolving Loan Guarantee (South Texas Supply Company, Inc.), Collateral Agreement (Laureate Education, 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 Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 19 contracts

Samples: Credit Agreement (National CineMedia, Inc.), Guarantee and Collateral Agreement (Educate Inc), Guarantee and Collateral Agreement (XCel Brands, Inc.)

Reinstatement. The guarantee contained in this Section 2 ARTICLE II 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 Administrative Agent or any Lender Guaranteed Creditor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its propertyProperty, or otherwise, all as though such payments had not been made.

Appears in 17 contracts

Samples: Guaranty and Pledge Agreement (Whittier Energy Corp), Guaranty and Pledge Agreement (Linn Energy, LLC), Guaranty and Collateral Agreement (Hornbeck Offshore Services Inc /La)

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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 14 contracts

Samples: Guarantee and Collateral Agreement (Readers Digest Association Inc), Credit Agreement (Readers Digest Association Inc), Guarantee and Collateral Agreement (Readers Digest Association Inc)

Reinstatement. The guarantee contained in this Section 2 shall continue be reinstated and shall remain in all respects enforceable to be effectivethe extent that, or be reinstated, as the case may be, if at any time paymenttime, or any part thereof, payment of any of the Borrower Obligations is set aside, avoided or rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all in whole or in part, and such reinstatement and enforceability shall, to the fullest extent permitted by applicable law, be effective as though fully as if such payments payment had not been made.

Appears in 12 contracts

Samples: Guarantee and Collateral Agreement (KAR Auction Services, Inc.), Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc), Credit Agreement (Carbuyco, LLC)

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 Administrative Agent, the Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 12 contracts

Samples: Guarantee and Collateral Agreement (Booz Allen Hamilton Holding Corp), Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Booz Allen Hamilton Holding 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 11 contracts

Samples: Guarantee (Accellent Corp.), Credit Agreement (California Resources Corp), Credit Agreement (Kinder Morgan Holdco LLC)

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 time, payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Intercreditor Agreement (Focus Financial Partners Inc.), Intercreditor Agreement (Focus Financial Partners Inc.), Intercreditor Agreement (Focus Financial Partners 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys 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 Administrative Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: First Lien Guarantee and Collateral Agreement (PGA Holdings, Inc.), Credit Agreement (PGA Holdings, Inc.), First Lien Guarantee and Collateral Agreement (PGA Holdings, Inc.)

Reinstatement. The guarantee contained in this Section 2 Article II 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 Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its propertyProperty, or otherwise, all as though such payments had not been made.

Appears in 8 contracts

Samples: Guaranty and Collateral Agreement (ABC Funding, Inc), Guaranty and Second Lien Collateral Agreement (Rex Energy Corp), Guaranty and Collateral Agreement (Northern Oil & Gas, 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 Administrative any Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 8 contracts

Samples: Assumption Agreement (Scientific Games Corp), Credit Agreement (Carmike Cinemas Inc), Guarantee and Collateral Agreement (Scientific Games 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 Administrative Collateral Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 8 contracts

Samples: First Lien Guarantee and Security Agreement (First Wind Holdings Inc.), Intercreditor Agreement (First Wind Holdings Inc.), Credit Agreement (First Wind Holdings 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 Issuer Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent Trustee or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower Issuer 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 Borrower Issuer or any Guarantor or any substantial part of its their respective property, or otherwise, all as though such payments had not been made.

Appears in 7 contracts

Samples: Guarantee and Collateral Agreement (Fat Brands, Inc), Guarantee and Collateral Agreement (Driven Brands Holdings Inc.), Guarantee and Collateral Agreement (Wingstop 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or any Subsidiary Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any Subsidiary Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 6 contracts

Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or shall 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower 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

Samples: Credit Agreement (Coach Inc), Credit Agreement (Coach Inc), Credit Agreement (Ralph Lauren 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 Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent, the Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Credit Agreement (Revlon Consumer Products Corp), Guarantee and Collateral Agreement (Revlon Inc /De/), Guarantee and Collateral Agreement (Revlon Consumer Products 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 Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower 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

Samples: Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.), Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.), Guarantee and Collateral Agreement (Ollie's Bargain Outlet Holdings, Inc.)

Reinstatement. The guarantee contained in this Section 2 7 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 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

Samples: Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent Co-Collateral Agents or any Lender other Credit Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower 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

Samples: Guarantee and Collateral Agreement (Sears Holdings Corp), Guarantee and Collateral Agreement (Sears Holdings Corp), Intercreditor Agreement (Sears Holdings 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 Administrative Agent or any Lender Secured Creditor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the either 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 either Borrower 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

Samples: Control Agreement (PNG Ventures Inc), Guarantee and Collateral Agreement (PNG Ventures Inc), Control Agreement (Earth Biofuels 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 Administrative Agent or any Lender Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower Company, its Subsidiaries or any GuarantorGuarantors, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower Company, its Subsidiaries, or any Guarantor Guarantors or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 6 contracts

Samples: Corporate Guarantee (White River Energy Corp.), Corporate Guarantee (White River Energy Corp.), Corporate Guarantee (White River 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower 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

Samples: Guarantee and Collateral Agreement (Maxxam Inc), Intellectual Property Security Agreement (Waste Services, Inc.), Guarantee and Collateral Agreement (Maxxam 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (Virtus Investment Partners, Inc.), Guarantee and Collateral Agreement (Printcafe Software Inc), Guarantee and Collateral Agreement (Harman International Industries Inc /De/)

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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or any other Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any other Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 5 contracts

Samples: Security Agreement (MultiPlan Corp), Guarantee (PRA Health Sciences, Inc.), Term Loan Guarantee (Goodman Sales 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 Borrower Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent, the Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 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 5 contracts

Samples: Holdings Term Loan Guarantee and Pledge Agreement (Revlon Inc /De/), Guarantee and Pledge Agreement (Revlon Inc /De/), Guarantee and Collateral Agreement (Revlon Inc /De/)

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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization Shared Collateral Secured Party in an Insolvency Proceeding of the any Borrower or any Newco Subordinated Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the any Borrower or any Newco Subordinated Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 5 contracts

Samples: Loan Agreement (Supermedia Inc.), Credit Agreement (Dex Media, Inc.), Credit Agreement (Dex 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, in whole or in part, and such reinstatement shall, to the fullest extent permitted by applicable law, be effective all as though such payments had not been made.

Appears in 5 contracts

Samples: Credit Agreement (Swift Transportation Co), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any 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

Samples: Credit Agreement (SPX Corp), Credit Agreement (SPX Corp), Guarantee and Collateral Agreement (Sirva 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 Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Administrative Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (Lucent Technologies Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc)

Reinstatement. The guarantee contained in this Section 2 shall continue be reinstated and shall remain in all respects enforceable to be effectivethe extent that, or be reinstated, as the case may be, if at any time paymenttime, or any part thereof, payment of any of the Borrower Obligations is set aside, avoided or rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Credit Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all in whole or in part, and such reinstatement and enforceability shall, to the fullest extent permitted by applicable law, be effective as though fully as if such payments payment had not been made.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Medical Properties Trust Inc), Guarantee Agreement (MPT Operating Partnership, L.P.), Term Loan Agreement (MPT Operating Partnership, L.P.)

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 Borrower Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Administrative Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or any other Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any other Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (SFX Entertainment, INC), Credit Agreement (SFX Entertainment, INC), Guarantee and Collateral Agreement (SFX Entertainment, INC)

Reinstatement. The guarantee 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (Eastman Kodak Co), Credit Agreement (Eastman Kodak Co), Guarantee and Collateral Agreement (Eastman Kodak 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Security Agreement (Chrysler Group LLC), Guarantee Agreement (Centurylink, Inc), Guarantee Agreement (Centurylink, 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (LFC Armored of Texas Inc), Guarantee and Collateral Agreement (Bedding Experts Inc), Guarantee and Collateral Agreement (Intira 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, any Borrower or any other 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 other Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 4 contracts

Samples: Credit Agreement (Scotts Miracle-Gro Co), Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Credit Agreement (Scotts Miracle-Gro 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Collateral Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Credit Agreement (Match Group, Inc.), Credit Agreement (Iac/Interactivecorp), Credit Agreement (Iac/Interactivecorp)

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 Administrative Agent, the Collateral Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Credit Agreement (AV Homes, Inc.), Guarantee and Collateral Agreement (Superior Offshore International Inc.), Guarantee and Collateral Agreement (Superior Offshore International 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 Administrative Agent or any Lender Shared Collateral Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower 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

Samples: Shared Services Agreement (DEX ONE Corp), Shared Services Agreement (DEX ONE Corp), Shared Services Agreement (DEX ONE 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower 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, any other Borrower 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

Samples: Credit Agreement (Kennametal Inc), Credit Agreement (Kennametal Inc), Kennametal 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 Borrower Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Administrative Investors, Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or any Guarantorthe Guarantors, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any Guarantor the Guarantors or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Guarantee (Hanover Compressor Co), Hanover Compressor Co /, Hanover Compression Inc

Reinstatement. The guarantee contained in this Section 2 Article II 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (Burger King Holdings Inc), Guarantee and Collateral Agreement (Burger King Worldwide, Inc.), Guarantee Agreement (Burger King Worldwide, 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 Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower or any such Guarantor or any substantial part of its respective property, or otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Global Telecom & Technology, Inc.), Credit Agreement (Xcerra Corp), Guarantee and Collateral Agreement (Ultra Clean Holdings Inc)

Reinstatement. The guarantee contained in this Section 2 ARTICLE II 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 Administrative Agent or any Lender Guaranteed Creditor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 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 3 contracts

Samples: Guaranty Agreement (Universal Compression Inc), Assumption Agreement (Hornbeck Offshore Services Inc /La), Assumption Agreement (Hornbeck Offshore Services Inc /La)

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 Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower 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 Borrower Borrowers 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

Samples: Guarantee and Collateral Agreement (Triumph Group Inc), Guarantee and Collateral Agreement (Triumph Group Inc), Guarantee and Collateral Agreement (Triumph 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Security Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Sony 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or any Subsidiary Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any Subsidiary Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Take Two Interactive Software Inc), Guarantee and Collateral Agreement (Griffon Corp), Guarantee and Collateral Agreement (Griffon 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (Aftermarket Technology Corp), Guarantee and Collateral Agreement (Aftermarket Technology Corp), Credit Agreement (Big City Radio 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 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 3 contracts

Samples: Guarantee and Collateral Agreement (Ddi Capital Corp/Dynamic Details Inc), Parent Guarantee Agreement (Loral Space & Communications Inc.), Guarantee and Collateral Agreement (Creditrust Corp)

Reinstatement. The guarantee contained in this Section 2 ARTICLE X 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 Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender other Credit Agreement Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or any Subsidiary Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any Subsidiary Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Credit Agreement (American Capital, LTD), Credit Agreement (American Capital, 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender other Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the any 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 any 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 2 contracts

Samples: CNC Guarantee (Cole National Corp /De/), Cole National Corp /De/

Reinstatement. The guarantee guarantees contained in Section 1 of this Section 2 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Purchasers or the Collateral Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower 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 Borrower 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

Samples: Subsidiary Guarantee (Digital Angel Corp), Subsidiary Guarantee (Applied Digital Solutions Inc)

Reinstatement. The guarantee contained in this Section 2 Agreement 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 Administrative Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Credit Agreement (Avis Rent a Car Inc), Credit Agreement (Avis Rent a Car 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 Administrative Collateral Agent or any Lender Bank upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (West Village Gym at the Archives LLC), Guarantee and Collateral Agreement (Bally Total Fitness Holding 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 Issuer Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower Note Issuer, Wynn Resorts or any Other Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower either Note Issuer, Wynn Resorts or any Other Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Wynn Resorts LTD, Valvino Lamore LLC

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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 Borrower’s Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: First Lien Pledge and Security Agreement (McDermott International Inc), Pledge and Security Agreement (McDermott International Inc)

Reinstatement. The guarantee contained in this Section 2 of the Guarantors joining hereunder 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 Guarantied Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower any Obligor 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 Borrower any Obligor 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

Samples: Note Purchase Agreement (Glori Energy Inc.), Note Purchase Agreement (Glori Energy 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower 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 Borrower Borrowers 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

Samples: Guarantee and Collateral Agreement (ABX Holdings, Inc.), Guarantee and Collateral Agreement (Transwestern Publishing Co LLC)

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 Co-Borrowers’ Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the a Co-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 a Co-Borrower 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

Samples: Credit Agreement (Comcast Corp), Credit Agreement (Comcast 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 Administrative Agent or any Lender Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower or any Subsidiary Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Credit Agreement (Mirant Corp), Guarantee Agreement (Rri Energy 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 Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (Exar Corp), Guarantee and Collateral Agreement (Enernoc 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (Lexar Media Inc), Guarantee and Collateral Agreement (V I Technologies 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 Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower Borrower, Wynn Resorts or any Other Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower Borrower, Wynn Resorts or any Other Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Valvino Lamore LLC, Wynn Resorts 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 Borrower Obligations or the Guarantor Obligations is rescinded or must otherwise be restored or returned by the Administrative any Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower any Borrower, Guarantor or any Guarantorother Person, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower any Borrower, Guarantor or any Guarantor other Person or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.), Guarantee and Collateral Agreement (Independence Contract Drilling, 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 or the Working Capital Obligations is rescinded or must otherwise be restored or returned by the General Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the either 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 either Borrower 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

Samples: Guarantee and Collateral Agreement (Laidlaw Environmental Services Inc), Credit Agreement (Safety Kleen 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 Administrative Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its respective property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Guaranty (Veeco Instruments Inc), Guaranty (Marketwise, 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 Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower 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 Borrower Borrowers or any such Guarantor or any substantial part of its respective property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Benefitfocus,Inc.), Guarantee and Collateral Agreement (Benefitfocus,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 Tranche A Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Tranche A Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Credit Agreement (PHH Corp), Credit Agreement (PHH 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 Administrative Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guarantee and Collateral Agreement (Sirva Inc), Guarantee and Collateral Agreement (Sirva Inc)

Reinstatement. The guarantee contained in this Section 2 Article 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 Administrative any Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its or their respective property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Credit Agreement (Saratoga Resources Inc /Tx), Credit Agreement (Saratoga Resources Inc /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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Guaranty and Collateral Agreement (Regal Entertainment Group), Guaranty and Collateral Agreement (Regal Entertainment 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 Borrower Obligations or the Guarantor Obligations is rescinded or must otherwise be restored or returned by the Administrative any Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower 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

Samples: Guarantee and Collateral Agreement (Joe's Jeans Inc.), Guarantee and Collateral Agreement (Joe's Jeans 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 Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent, the Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been mademade and no discharge or release of the guarantee contained in this Section 2 had occurred.

Appears in 2 contracts

Samples: Parent Guarantee Agreement (Revlon Inc /De/), Guarantee Agreement (Revlon Inc /De/)

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 Issuer Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of either of the Borrower Note Issuers 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, either of the Borrower Note Issuers 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

Samples: Control Agreement (Wynn Las Vegas LLC), Control Agreement (Wynn Resorts LTD)

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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower 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

Samples: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Metavante Technologies, 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 Administrative Collateral Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower 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

Samples: Guarantee and Collateral Agreement (Collins & Aikman Corp), Guarantee and Collateral Agreement (TBC 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 Company Obligations is rescinded or must otherwise be restored or returned by the Administrative Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower 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 Borrower 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

Samples: Guarantee and Collateral 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 Borrower Obligations or Guarantor Bank Product Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made. The provisions of this Section 2.6 shall survive termination of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)

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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the theany 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 theany Borrower 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

Samples: First Amendment (Henry Schein Inc), Credit Agreement (Colony NorthStar, 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of either of the Borrower 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, either of the Borrower Borrowers 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

Samples: Guarantee and Collateral Agreement (Details Capital Corp), Guarantee Agreement (Aeroflex 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 Collateral Agent, either Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 any Borrower 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

Samples: Guarantee and Collateral Agreement (Aspen Insurance Holdings LTD), Guarantee and Collateral Agreement (Aspen Insurance Holdings 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or any the Parent Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any the Parent Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Parent Guarantee and Collateral Agreement (Creditrust 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of either of the Borrower 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, either of the Borrower 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

Samples: Guarantee and Collateral Agreement (Act Manufacturing 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 Administrative Agent any Priority Lien Debt Representative or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 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

Samples: Guarantee and Collateral Agreement (Carmike Cinemas 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 Administrative Collateral Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the a 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 a 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

Samples: Guarantee and Collateral Agreement (Russell 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 Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the any Co-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 any Co-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

Samples: Guarantee and Collateral Agreement (Harland Financial Solutions, Inc.)

Reinstatement. The guarantee 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 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

Samples: Credit Agreement (General Bearing 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 Administrative Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the either 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 either 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

Samples: Guarantee and Collateral Agreement (Accuride 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 Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent, the Pari Passu Collateral Agent or any Lender other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the 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 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

Samples: Guarantee and Collateral Agreement (Revlon Inc /De/)

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 Secured Obligations is rescinded or must otherwise be restored or returned by the Administrative Collateral Agent or any Lender Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower HCC 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 Borrower HCC 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

Samples: Guarantee and Collateral Agreement (Hanover Compressor 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent Agents or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the either 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 either 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

Samples: Guarantee and Collateral Agreement (SMTC 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 Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower or any Guarantor, Guarantor or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made. [**] – Confidential or proprietary information redacted.

Appears in 1 contract

Samples: Credit Agreement (Henry Schein 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Trustee, the Collateral Agent or any Lender Holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Borrower Issuers or of any other Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower Issuers or any other Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Note Guarantee (Stratus Technologies Bermuda Holdings 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 Borrower Obligations is rescinded or must otherwise be restored or returned by the Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the either 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 either 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

Samples: Credit Agreement (Interstate Bakeries Corp/De/)

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