Common use of Termination of Undertaking Clause in Contracts

Termination of Undertaking. Each Performance Guarantor's obligations hereunder shall continue in full force and effect until all Obligations are finally paid and satisfied in full and each of the Receivables Purchase Agreement, the Transfer and Servicing Agreement and the Note Purchase Agreement is terminated, provided that (i) this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, or reorganization of any Seller or Bon-Ton DSI, or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not the Issuer or the Trustee is in possession of this Undertaking and (ii) the provisions of Section 19 shall survive any termination of this Undertaking. No invalidity, irregularity or unenforceability by reason of the Bankruptcy Code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect the Obligations shall impair, affect, or be a defense to or claim against the obligations of either Performance Guarantor under this Undertaking.

Appears in 1 contract

Samples: Note Purchase Agreement (Bon Ton Stores Inc)

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Termination of Undertaking. Each Performance Guarantor's ’s obligations hereunder shall continue in full force and effect until all Obligations are finally paid and satisfied in full and each of the Receivables Purchase Agreement, the Transfer Loan and Servicing Agreement and the Note Purchase Security Agreement is terminated, provided that (i) this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, or reorganization of any Seller Originator or Bon-Ton DSI, the Initial Servicer or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not the Issuer Recipient (or the Trustee its assigns) is in possession of this Undertaking and (ii) the provisions of Section 19 shall survive any termination of this Undertaking. No invalidity, irregularity irregularity, or unenforceability by reason of the Bankruptcy Code federal bankruptcy code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend amend, or otherwise affect the Guaranteed Obligations shall impair, affect, or be a defense to or claim against the obligations of either Performance Guarantor under this Undertaking.

Appears in 1 contract

Samples: Zep Inc.

Termination of Undertaking. Each Performance Guarantor's ’s obligations hereunder shall continue in full force and effect until the later of (i) all Obligations are finally paid and satisfied in full and each of the Receivables Purchase Agreement, the Transfer and Servicing Agreement and the Note Purchase Collection Agent Agreement is terminated, provided or (ii) all obligations under the Credit Agreement have been paid in full; provided, that (i) in either instance this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, or reorganization of any Seller or Bon-Ton DSI, Collection Agent or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not the Issuer Recipient (or the Trustee its assigns) is in possession of this Undertaking and (ii) the provisions of Section 19 shall survive any termination of this Undertaking. No invalidity, irregularity or unenforceability by reason of the Bankruptcy Code federal bankruptcy code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect the Obligations shall impair, affect, or be a defense to or claim against the obligations of either Performance Guarantor under this Undertaking.

Appears in 1 contract

Samples: Sungard Bridge Receivables Facility (Sungard Data Systems Inc)

Termination of Undertaking. Each The Performance Guarantor's ’s obligations hereunder shall continue in full force and effect until all Obligations are finally paid and satisfied in full and each of the Receivables Purchase Agreement, the Transfer and Servicing Sale Agreement and the Note Receivables Purchase Agreement is terminated, provided that (i) this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, or reorganization of any Seller Originator or Bon-Ton DSIthe Seller, or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not the Issuer Agent or the Trustee any Purchaser is in possession of this Undertaking and (ii) the provisions of Section 19 18 shall survive any termination of this Undertaking. No invalidity, irregularity or unenforceability by reason of the Bankruptcy Code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect the Obligations shall impair, affect, or be a defense to or claim against the obligations of either the Performance Guarantor under this Undertaking.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Insight Enterprises Inc)

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Termination of Undertaking. Each Performance Guarantor's ’s obligations hereunder shall continue in full force and effect until the later of (i) all Obligations are finally paid and satisfied in full and each of the Receivables Purchase Agreement, the Transfer and Servicing Agreement and the Note Purchase Collection Agent Agreement is terminated, provided or (ii) all obligations under the Credit Agreement and the Insurance Agreement have been paid in full and the Insurer shall have no further obligations under the Policy; provided, that (i) in either instance this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, or reorganization of any Seller or Bon-Ton DSI, Collection Agent or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not the Issuer Recipient (or the Trustee its assigns) is in possession of this Undertaking and (ii) the provisions of Section 19 shall survive any termination of this Undertaking. No invalidity, irregularity or unenforceability by reason of the Bankruptcy Code federal bankruptcy code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect the Obligations shall impair, affect, or be a defense to or claim against the obligations of either Performance Guarantor under this Undertaking.

Appears in 1 contract

Samples: Sungard Insured Receivables Facility (Sungard Data Systems Inc)

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