Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations (including a payment effected through exercise of a right of setoff), the Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the Lender in its discretion), then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Lender. The provisions of this Section 2.17 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceeds. The provisions of this Section 2.17 shall survive the termination of this Agreement.
Appears in 5 contracts
Sources: Credit Agreement (Perma-Pipe International Holdings, Inc.), Credit Agreement (Resolute Holdings Management, Inc.), Credit Agreement (FIGS, Inc.)
Returned Payments. If If, after receipt of any payment which is applied to the payment of all or any part of the Obligations (including a payment effected through exercise of a right of setoff), the Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the Lender in its discretion), then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Lender. The provisions of this Section 2.17 2.6 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceeds. The provisions of this Section 2.17 2.6 shall survive the termination of this Agreement.
Appears in 2 contracts
Sources: Extension and Modification Agreement (Andersen Group Inc.), Extension and Modification Agreement (Andersen Group Inc.)
Returned Payments. If If, after receipt of any payment which is applied to the payment of all or any part of the Obligations or Unsecured Obligations (including a payment effected through exercise of a right of setoff), the any Agent or any Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the such Agent or such Lender in its discretion), then the such Obligations or Unsecured Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the such Agent or such Lender. The provisions of this Section 2.17 2.26 shall be and remain effective notwithstanding any contrary action which may have been taken by the any Agent or any Lender in reliance upon such payment or application of proceeds. The provisions of this Section 2.17 2.26 shall survive the termination of this Agreement.
Appears in 2 contracts
Sources: Term Loan Credit and Guaranty Agreement (CoreWeave, Inc.), Credit Agreement (CoreWeave, Inc.)
Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations (including a payment effected through exercise of a right of setoff), the Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the Lender in its discretion), then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Lender. The provisions of this Section 2.17 3.05 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceeds. The provisions of this Section 2.17 3.05 shall survive the termination of this Agreement.
Appears in 1 contract
Sources: Revolving Credit Agreement
Returned Payments. If If, after receipt of any payment which is applied to the payment of all or any part of the Obligations (including a payment effected through exercise of a right of setoff), the Lender any Holder is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the Lender such Holder in its discretion), then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Lendersuch Holder. The provisions of this Section 2.17 2.21 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender any Holder in reliance upon such payment or application of proceeds. The provisions of this Section 2.17 2.21 shall survive the termination of this Agreement.
Appears in 1 contract
Sources: Subordinated Convertible Credit Agreement (F45 Training Holdings Inc.)
Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations (including a payment effected through exercise of a right of setoff)Obligations, the Administrative Agent or any Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the Lender in its discretion)reason, then the Obligations or part thereof intended to be satisfied shall be revived and continued to the extent of the payment or proceeds so surrendered, and this Agreement shall continue in full force with respect thereto as if such payment or proceeds had not been received by the Administrative Agent or such Lender. The provisions of this Section 2.17 2.20 shall be and remain effective notwithstanding any contrary action which may have been taken by the Administrative Agent or any Lender in reliance upon such payment or application of proceeds. The provisions of this Section 2.17 2.20 shall survive the termination of this Agreement.
Appears in 1 contract
Sources: Credit Agreement (Visteon Corp)
Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations (including a payment effected through exercise of a right of setoff), the Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the Lender in its discretion), then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Lender. The provisions of this Section 2.17 2.10 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceeds. The provisions of this Section 2.17 2.10 shall survive the termination of this Agreement.
Appears in 1 contract
Returned Payments. If If, after receipt of any payment which is applied to the payment of all or any part of the Obligations (including, without limitation, any Prepayment Premium) (including a payment effected through exercise of a right of setoff), the Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the Lender in its discretion), then the Obligations or part thereof intended to be satisfied (including, without limitation, any Prepayment Premium) shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Lender. The provisions of this Section 2.17 2.21 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceeds. The provisions of this Section 2.17 2.21 shall survive the termination of this Agreement.
Appears in 1 contract
Returned Payments. If If, after receipt of any payment which is applied to the payment of all or any part of the Obligations or Unsecured Obligations (including a payment effected through exercise of a right of setoff), the any Agent or any Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible setoff, or a diversion of trust funds, or for any other reason (including pursuant to any settlement entered into by the such Agent or such Lender in its discretion), then the thesuch Obligations or Unsecured Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the such Agent or such Lender. The provisions of this Section 2.17 2.26 shall be and remain effective notwithstanding any contrary action which may have been taken by the any Agent or any Lender in reliance upon such payment or application of proceeds. The provisions of this Section 2.17 2.26 shall survive the termination of this Agreement.
Appears in 1 contract
Sources: Credit Agreement (CoreWeave, Inc.)