Common use of The U Clause in Contracts

The U. S. Borrower agrees that, if any payment made by the Borrower or any other Person applied to the Bowater Guaranteed Obligations is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or is repaid in whole or in part pursuant to a good faith settlement of a pending or threatened claim, or the proceeds of any Collateral are required to be refunded by the Administrative Agent or any other Secured Party to the Borrower, its estate, trustee, receiver or any other Person, including, without limitation, the U.S. Borrower, under any Applicable Law or equitable cause, then, to the extent of such payment or repayment, the U.S. Borrower’s liability hereunder shall be and remain in full force and effect, as fully as if such payment had never been made, and, if prior thereto, this U.S. Borrower Guaranty shall have been canceled or surrendered, this U.S. Borrower Guaranty shall be reinstated in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of the U.S. Borrower in respect of the amount of such payment.

The U. S. Borrower further agrees that, (i) if any payment made by any of the Borrower Euro Borrowers or any other Person person and applied to the Bowater Guaranteed Guarantied Obligations is at any time annulled, avoided, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or (ii) if any payment is repaid in whole or in part pursuant to a good faith settlement of a pending or threatened claim, or the proceeds of made by any Collateral are required to be refunded by the Administrative Agent Lender or any other Secured Party holder of Guarantied Obligations (the “Guarantied Parties”) to the any Euro Borrower, its estate, trustee, receiver or any other Personparty, including, without limitation, including the U.S. Borrower, under any Applicable Law bankruptcy law, state or federal law, common law or equitable cause, then, in each case, to the extent of such payment or repayment, the U.S. Borrower’s liability hereunder under this Section 10.01 shall be and remain in full force and effect, as fully as if such payment had never been made, andmade or, if prior thereto, thereto this U.S. Borrower Guaranty guaranty set forth in this Section 10.01 shall have been canceled cancelled or surrendered, the guaranty set forth in this U.S. Borrower Guaranty Section 10.01 shall be reinstated in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of the U.S. Borrower in respect of the amount of such payment. SECTION 10.02.

The U. S. Borrower agrees that, if any payment made by the Borrower or any other Person applied to the Bowater Guaranteed Obligations is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or is repaid in whole or in part pursuant to a good faith settlement of a pending or threatened claim, or the proceeds of any Collateral are required to be refunded by the Administrative Agent or any other Secured Party to the Borrower, its estate, trustee, receiver or any other Person, including, without limitation, the U.S. Borrower, under any Applicable Law or equitable cause, then, to the extent of such payment or repayment, the U.S. Borrower’s 's liability hereunder shall be and remain in full force and effect, as fully as if such payment had never been made, and, if prior thereto, this U.S. Borrower Guaranty shall have been canceled or surrendered, this U.S. Borrower Guaranty shall be reinstated in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of the U.S. Borrower in respect of the amount of such payment.

The U. S. Borrower further agrees that, (i) if any payment made by any of the Borrower Euro Borrowers or any other Person person and applied to the Bowater Guaranteed Guarantied Obligations is at any time annulled, avoided, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or (ii) if any payment is repaid in whole or in part pursuant to a good faith settlement of a pending or threatened claim, or the proceeds of made by any Collateral are required to be refunded by the Administrative Agent Lender or any other Secured Party holder of Guarantied Obligations (the “Guarantied Parties”) to the any Euro Borrower, its estate, trustee, receiver or any other Personparty, including, without limitation, including the U.S. Borrower, under any Applicable Law bankruptcy law, state or federal law, common law or equitable cause, then, in each case, to the extent of such payment or repayment, the U.S. Borrower’s liability hereunder under this Section 10.01 shall be and remain in full force and effect, as fully as if such payment had never been made, andmade or, if prior thereto, thereto this U.S. Borrower Guaranty guaranty set forth in this Section 10.01 shall have been canceled cancelled or surrendered, the guaranty set forth in this U.S. Borrower Guaranty Section 10.01 shall be reinstated in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of the U.S. Borrower in respect of the amount of such payment.

The U. S. Borrower further agrees that, (i) if any payment made by any of the Borrower Euro Borrowers or any other Person person and applied to the Bowater Guaranteed Guarantied Obligations is at any time annulled, avoided, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or (ii) if any payment is repaid in whole or in part pursuant to a good faith settlement of a pending or threatened claim, or the proceeds of made by any Collateral are required to be refunded by the Administrative Agent Lender or any other Secured Party holder of Guarantied Obligations (the “Guarantied Parties”) to the any Euro Borrower, its estate, trustee, receiver or any other Personparty, including, without limitation, including the U.S. Borrower, under any Applicable Law bankruptcy law, state or federal law, common law or equitable cause, then, in each case, to the extent of such payment or repayment, the U.S. Borrower’s 's liability hereunder under this Section 10.01 shall be and remain in full force and effect, as fully as if such payment had never been made, andmade or, if prior thereto, thereto this U.S. Borrower Guaranty guaranty set forth in this Section 10.01 shall have been canceled cancelled or surrendered, the guaranty set forth in this U.S. Borrower Guaranty Section 10.01 shall be reinstated in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of the U.S. Borrower in respect of the amount of such payment.

The U. S. Borrower further agrees that, (i) if any payment made by any of the Borrower Euro Borrowers or any other Person person and applied to the Bowater Guaranteed Guarantied Obligations is at any time annulled, avoided, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or (ii) if any payment is repaid in whole or in part pursuant to a good faith settlement of a pending or threatened claim, or the proceeds of made by any Collateral are required to be refunded by the Administrative Agent Lender or any other Secured Party holder of Guarantied Obligations (the “Guarantied Parties”) to the any Euro Borrower, its estate, trustee, receiver or any other Personparty, including, without limitation, including the U.S. Borrower, under any Applicable Law bankruptcy law, state or federal law, common law or equitable cause, then, in each case, to the extent of such payment or repayment, the U.S. Borrower’s liability hereunder under this Section 10.01 shall be and remain in full force and effect, as fully as if such payment had never been made, andmade or, if prior thereto, thereto this U.S. Borrower Guaranty guaranty set forth in this Section 10.01 shall have been canceled cancelled or surrendered, the guaranty set forth in this U.S. Borrower Guaranty Section 10.01 shall be reinstated in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of the U.S. Borrower in respect of the amount of such payment.. AMENDED AND RESTATED CREDIT AGREEMENT FMC CORPORATION