Common use of Termination of Subordination Clause in Contracts

Termination of Subordination. This Article 12 shall continue in full force and effect, and the obligations and agreements of the holders of Subordinated Indebtedness and the Company hereunder shall continue to be fully operative, until all of the Senior Indebtedness shall have been paid or provided for in full in cash and such provision or payment shall be final and not avoidable. To the extent that the Company or any guarantor of or provider of collateral for the Senior Indebtedness makes any payment on the Senior Indebtedness that is subsequently invalidated, declared to be fraudulent or preferential or set aside or is required to be repaid to a trustee, receiver or any other party under any bankruptcy, insolvency or reorganization act, state or federal law, common law or equitable cause (such payment being hereinafter referred to as a "VOIDED PAYMENT"), then to the extent of such Voided Payment, that portion of the Senior Indebtedness that had been previously satisfied by such Voided Payment shall be revived and continue in full force and effect as if such Voided Payment had never been made. In the event that a Voided Payment is recovered from any holder of Senior Indebtedness, an event of default shall be deemed to have existed and to be continuing under the applicable Senior Indebtedness from the date of such holder's initial receipt of such Voided Payment until the full amount of such Voided Payment is restored to such holder of

Termination of Subordination. This Article 12 Agreement shall continue in full force and effect, and the obligations and agreements of the holders of Subordinated Indebtedness Junior Lender and the Company hereunder shall continue to be fully operative, until all of the Senior Indebtedness shall have been paid Paid in Full. If at any time any payment made or provided for in full in cash and such provision value received with respect to any Senior Indebtedness is rescinded or payment shall must otherwise be final and not avoidable. To returned by Senior Lender upon the extent that the insolvency, bankruptcy or reorganization of Company or any guarantor of or provider of collateral for the Senior Indebtedness makes any payment on the Senior Indebtedness that is subsequently invalidatedotherwise, declared to be fraudulent or preferential or set aside or is required to be repaid to a trustee, receiver or any other party under any bankruptcy, insolvency or reorganization act, state or federal law, common law or equitable cause (all as though such payment being hereinafter referred to as a "VOIDED PAYMENT")had not been made or value received, then to the extent of such Voided Paymentnecessary to repay in full, that portion of in cash, the Senior Indebtedness that had been previously satisfied by such Voided Payment shall be revived and continue in full force and effect as if such Voided Payment had never been made. In the event that a Voided Payment is recovered from any holder of Senior Indebtedness, an event Junior Lender will, following receipt of default written notice from Senior Lender, deliver to Senior Lender any amounts previously received and then held by Junior Lender on account of, or in any way relating to, the Collateral (a) which Junior Lender would not have been entitled to accept and retain had this Agreement been in effect at the time such payments were received by Junior Lender and (b) to the extent any such payments received by Junior Lender are not otherwise rescinded or must not otherwise be returned by Junior Lender upon the insolvency, bankruptcy or reorganization of Company or otherwise. Further, to the extent previously terminated, the Lien in the Collateral created by the Senior Loan Documents, in favor of Senior Lender, and the rights of Senior Lender under this Agreement shall be deemed to have existed and to be continuing under the applicable Senior Indebtedness from the date of such holder's initial receipt of such Voided Payment until the full amount of such Voided Payment is restored to such holder ofreinstated.

Termination of Subordination. This Article 12 shall continue in full force and effect, and the obligations and agreements of the holders of Subordinated Indebtedness and the Company hereunder shall continue to be fully operative, until all of the Senior Indebtedness shall have been paid or provided for in full in cash and such provision or payment shall be final and not avoidable. To the extent that the Company or any guarantor of or provider of collateral for the Senior Indebtedness makes any payment on the Senior Indebtedness that is subsequently invalidated, declared to be fraudulent or preferential or set aside or is required to be repaid to a trustee, receiver or any other party under any bankruptcy, insolvency or reorganization act, state or federal law, common law or equitable cause (such payment being hereinafter referred to as a "VOIDED PAYMENTVoided Payment"), then to the extent of such Voided Payment, that portion of the Senior Indebtedness that had been previously satisfied by such Voided Payment shall be revived and continue in full force and effect as if such Voided Payment had never been made. In the event that a Voided Payment is recovered from any holder of Senior Indebtedness, an event of default shall be deemed to have existed and to be continuing under the applicable Senior Indebtedness from the date of such holder's initial receipt of such Voided Payment until the full amount of such Voided Payment is restored to such holder of

Termination of Subordination. This Article 12 The provisions of this SECTION 7 ---------------------------- shall continue in full force and effect, and the obligations and agreements of the holders of Subordinated Indebtedness Noteholders and the Company Obligors hereunder shall continue to be fully operative, until all of the Senior Indebtedness Debt shall have been paid or provided for and satisfied in full in cash and such provision or payment shall be final and not avoidablefull. To the extent that the Company any Obligor or any guarantor of or provider of collateral for the Senior Indebtedness Debt makes any payment on the Senior Indebtedness Debt that is subsequently invalidated, declared to be fraudulent or preferential or set aside or is required to be repaid to a trustee, receiver or any other party under any bankruptcy, insolvency or reorganization act, state or federal Federal law, common law or equitable cause (such payment being hereinafter referred to as a "VOIDED ------ PAYMENT"), then to the extent of such Voided Payment, that portion of the Senior Indebtedness ------- Debt that had been previously satisfied by such Voided Payment shall be revived and continue in full force and effect as if such Voided Payment had never been made. In the event ; provided, however, that a any Voided Payment received by any Noteholder at -------- ------- any time after the expiration of a period of 53 weeks after such Senior Debt has, to the knowledge of such Noteholder, been paid in full and before such Noteholder is recovered from aware that any holder payment in respect of such Senior Indebtedness, an event of default shall be deemed to have existed and Debt has become or has been claimed to be continuing under subject to becoming so voided and returned may be retained by such Noteholder and shall not be subject to the applicable Senior Indebtedness from the date provisions of such holder's initial receipt of such Voided Payment until the full amount of such Voided Payment is restored to such holder ofSECTION 7.8.