Common use of Restoration of Obligations Clause in Contracts

Restoration of Obligations. For the purposes of determining the amount of outstanding Senior Secured Obligations, if any Creditor is required to deposit any Senior Preferential Payment in the Special Collateral Account, then the obligations intended to be satisfied by such Senior Preferential Payment shall be revived, as of the date of the deposit of such amount with the Collateral Agent, in the amount of such Senior Preferential Payment and such obligation shall continue in full force and effect (and bear interest from such deposit date at the non-default rate provided in the underlying document) as if such Creditor had not received such payment. All such revived obligations shall be included as Senior Secured Obligations for purposes of allocating any payments under Section 5.10 and for applying the definition of Majority Creditors. If any such revived obligation shall not be allowed as a claim under the Bankruptcy Code due to the fact that the Senior Preferential Payment has in fact been made by the Borrower, the Creditors shall make such other equitable arrangements for the purchase and sale of participations in the Senior Secured Obligations and shall execute and deliver such agreements as are necessary to evidence such arrangements, in each case in order to effectuate the intent of this Section 5.13.

Appears in 2 contracts

Samples: Intercreditor and Collateral Agency Agreement (Spartech Corp), Intercreditor and Collateral Agency Agreement (Spartech Corp)

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Restoration of Obligations. For the purposes of determining the amount of outstanding Senior Secured Obligations, if any Creditor is required to deposit any Senior Preferential Payment in the Special Collateral Account, then the obligations intended to be satisfied by such Senior Preferential Payment shall be revived, as of the date of the deposit of such amount with the Collateral Agent, in the amount of such Senior Preferential Payment and such obligation shall continue in full force and effect (and bear interest from such deposit date at the non-default rate provided in the underlying document) as if such Creditor had not received such payment. All such revived obligations shall be included as Senior Secured Obligations for purposes of allocating any payments under Section 5.10 and for applying the definition of Majority Creditors. If any such revived obligation shall not be allowed as a claim under the Bankruptcy Code due to the fact that the Senior Preferential Payment has in fact been made by the BorrowerCompany, the Creditors shall make such other equitable arrangements for the purchase and sale of participations in the Senior Secured Obligations and shall execute and deliver such agreements as are necessary to evidence such arrangements, in each case in order to effectuate the intent of this Section 5.13.

Appears in 2 contracts

Samples: Note Purchase Agreement (Essential Utilities, Inc.), Intercreditor and Collateral Agency Agreement (Macquarie Infrastructure CO LLC)

Restoration of Obligations. For the purposes of determining the amount of outstanding Senior Secured Obligations, if any Creditor is required to deposit any Senior Preferential Payment in the Special Collateral Account, then the obligations intended to be satisfied by such Senior Preferential Payment shall be revived, as of the date of the deposit of such amount with the Collateral Agent, in the amount of such Senior Preferential Payment and such obligation shall continue in full force and effect (and bear interest from such deposit date at the non-default rate provided in the underlying document) as if such Creditor had not received such payment. All such revived obligations shall be included as Senior Secured Obligations for purposes of allocating any payments under Section 5.10 and for applying the definition of Required Lenders, Required Holders, Required Creditors and Majority Creditors. If any such revived obligation shall not be allowed as a claim under the Bankruptcy Code due to the fact that the Senior Preferential Payment has in fact been made by the Borrower, the Creditors shall make such other equitable arrangements for the purchase and sale of participations in the Senior Secured Obligations and shall execute and deliver such agreements as are necessary to evidence such arrangements, in each case in order to effectuate the intent of this Section 5.13.

Appears in 2 contracts

Samples: Intercreditor and Collateral Agency Agreement, Intercreditor and Collateral Agency Agreement (Advanced Drainage Systems, Inc.)

Restoration of Obligations. For the purposes of determining the amount of outstanding Senior Secured Obligations, if any Creditor is required to deposit any Senior Preferential Payment in the Special Collateral Account, then the obligations intended to be satisfied by such Senior Preferential Payment shall be revived, as of the date of the deposit of such amount with the Collateral Agent, in the amount of such Senior Preferential Payment and such obligation shall continue in full force and effect (and bear interest from such deposit date at the non-default rate provided in the underlying document) as if such Creditor had not received such payment. All such revived obligations shall be included as Senior Secured Obligations for purposes of allocating any payments under Section 5.10 and for applying the definition of Required Lenders, Required Holders, Required Creditors and Majority Creditors. If any such revived obligation shall not be allowed as a claim under the Bankruptcy Code due to the fact that the Senior Preferential Payment has in fact been made by the Borrower, the Creditors shall make such other equitable arrangements for the purchase and sale of participations in the Senior Secured Obligations and shall execute and deliver such agreements as are necessary to evidence such arrangements, in each case in order to effectuate the intent of this Section 5.13.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (Advanced Drainage Systems, Inc.)

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Restoration of Obligations. For the purposes of determining the amount of outstanding any Outstanding Securities or Other Senior Secured ObligationsDebt Securities, if any Creditor Holder is required to deposit any Senior Preferential Payment in the Special Collateral Trust Account, then the obligations intended to be satisfied by which such Senior Preferential Payment related shall be revived, as of the date of the deposit of such amount with the Collateral AgentTrustee, in the amount of such Senior Preferential Payment Payment, and such obligation obligations shall continue in full force and effect (and bear interest from such deposit date at the non-default rate provided in the underlying document) as if such Creditor Holder had not received such payment. All such revived obligations shall be included as Securities or Other Senior Secured Obligations Debt Securities for purposes of allocating any payments under Section 5.10 807 and for applying the definition of Majority Creditors"Outstanding". If any such revived obligation shall not be allowed as a claim under the Bankruptcy Code due to the fact that the Senior Preferential Payment has in fact been made by the Borroweror received, the Creditors Holders shall make such other equitable arrangements for the purchase and sale of participations in the Securities and the Other Senior Secured Obligations and shall execute and deliver such agreements as are necessary to evidence such arrangements, in each case in order Debt Securities to effectuate the intent of this Section 5.13Section.

Appears in 1 contract

Samples: ITC Holdings Corp.

Restoration of Obligations. For the purposes of determining the amount of outstanding Senior Secured Obligations, if any Creditor Secured Party is required to deposit any Senior Preferential Payment in the Special Collateral Trust Account, then the obligations intended to be satisfied by such Senior Preferential Payment shall be revived, as of the date of the deposit of such amount with the Collateral Agent, in the amount of such Senior Preferential Payment and such obligation shall continue in full force and effect (and bear interest from such deposit date at the non-default rate as provided in the underlying documentSenior Secured Notes, in the Credit Agreement, or in the Additional Facility as the case may be) as if such Creditor Secured Party had not received such payment. All such revived obligations shall be included as Senior Secured Obligations for purposes of allocating any payments under Section SECTION 5.10 and for applying the definition definitions of Majority CreditorsRequired Secured Parties and Required Secured Parties. If any such revived obligation shall not be allowed as a claim under the Bankruptcy Code due to the fact that the Senior Preferential Payment has in fact been made by the BorrowerCompany, the Creditors Secured Parties shall make such other equitable arrangements for the purchase and sale of participations in the Senior Secured Obligations and shall execute and deliver such agreements as are necessary to evidence such arrangements, in each case in order to effectuate the intent of this Section SECTION 5.13.

Appears in 1 contract

Samples: Intercreditor Agreement (Resortquest International Inc)

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