Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing Bank), or any Agent, Issuing Bank or Lender enforces any security interests or exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 9 contracts
Samples: Credit and Guaranty Agreement (8point3 Energy Partners LP), Credit and Guaranty Agreement, Credit and Guaranty Agreement (TerraForm Power, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Loan Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Administrative Agent, Issuing Bank Collateral Agent, or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside aside, and/or required to be repaid to a trustee, receiver receiver, or any other party under any bankruptcy law, any other state or federal law, common law law, or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights rights, and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 9 contracts
Samples: Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders any Lender (or to the Administrative Agent, on behalf of Lenders or Issuing Banka Lender), or any the Administrative Agent, Issuing Bank the Collateral Agent or any Lender enforces enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 9 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.), Credit Agreement (CURO Group Holdings Corp.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders any Lender (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or any Lender enforces any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 8 contracts
Samples: Term Loan Credit and Guaranty Agreement (2U, Inc.), Term Loan Credit and Guaranty Agreement (2U, Inc.), Credit and Guaranty Agreement (Airbnb, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces any security interests or exercises any right of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.
Appears in 7 contracts
Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)
Marshalling; Payments Set Aside. Neither any No Agent nor or any Lender shall will be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law law, any equitable cause or any equitable causeintercreditor arrangement contemplated hereunder, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall will be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 7 contracts
Samples: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Artivion, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Collateral Agent or Lenders (or to Administrative Agent or Collateral Agent, on behalf of Lenders or Issuing BankLenders), or any Administrative Agent, Issuing Bank Collateral Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Marshalling; Payments Set Aside. Neither any No Agent nor any or Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders) or the Administrative Agent or the Lenders or Issuing Bank), or any Agent, Issuing Bank or Lender enforces enforce any security interests or exercises any right their rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.
Appears in 6 contracts
Samples: Assignment Agreement (Hospira Inc), Credit Agreement and Guaranty (Hospira Inc), Credit Agreement (Hospira Inc)
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against against, or in payment of of, any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff setoff, or any part thereof thereof, are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation Obligation, or part thereof thereof, originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect effect, as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)
Marshalling; Payments Set Aside. Neither any No Agent nor any or Lender shall be under any obligation to marshal any assets in favor of any the Credit Party Parties or any other Person or against or in payment of any or all of the Obligations. To the extent that any the Credit Party makes Parties make a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders) or the Administrative Agent or the Lenders or Issuing Bank), or any Agent, Issuing Bank or Lender enforces enforce any security interests or exercises any right their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 5 contracts
Samples: Credit Agreement (Assurant, Inc.), Term Loan Agreement (Assurant Inc), Credit Agreement (Assurant Inc)
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender Holder shall be under any obligation to marshal any assets in favor of any Credit Note Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Note Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders Holders (or to the Administrative Agent, on behalf of Lenders or Issuing BankHolders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces Holders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 5 contracts
Samples: Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.), Note Purchase Agreement (Energy & Exploration Partners, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing Bank), or any Agent, Issuing Bank or Lender enforces any security interests or exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred; provided, that with respect to calculating interest on any Obligation that is so reinstated, interest shall accrue from the date that such Obligation is first reinstated and not from the previous date of payment.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Northstar Realty Finance Corp.), Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.)
Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrowers or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes the Borrowers make a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to the Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 4 contracts
Samples: Credit Agreement (Las Vegas Sands Corp), Construction Loan Agreement (Las Vegas Sands Corp), Construction Loan Agreement (Las Vegas Sands Inc)
Marshalling; Payments Set Aside. Neither any No Holder or Collateral Agent nor any Lender shall be under any obligation to marshal any assets in favor of Parent Issuer, any Credit Party Guarantor or any other Person party or against or in payment of any or all of the Obligationsobligations. To the extent that Parent Issuer or any Credit Party Guarantor makes a payment or payments to Administrative Agent, Issuing Bank or Lenders any Holder (or to Administrative Agent, on behalf the Collateral Agent for the benefit of Lenders or Issuing BankHolders), or any Agent, Issuing Bank Holder or Lender Collateral Agent enforces any security interests or exercises any right their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 4 contracts
Samples: Intercreditor Agreement (NextWave Wireless Inc.), Intercreditor Agreement (Navation, Inc.), Intercreditor Agreement (Manchester Financial Group, LP)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable causecause or otherwise (and whether as a result of any demand, settlement, litigation or otherwise), then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Bell Powersports, Inc.), Credit and Guaranty Agreement (Easton-Bell Sports, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative any Agent, the Issuing Bank Bank, the Swingline Lender or the Lenders (or to Administrative any Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, the Issuing Bank or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 4 contracts
Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender Bank shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders the Banks (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Banks), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Banks enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other provincial, state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank the Collateral Agent or Lenders (or to Administrative Agent or the Collateral Agent, on behalf of Lenders or Issuing BankLenders), or any Administrative Agent, Issuing Bank the Collateral Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc), Credit and Guaranty Agreement (Douglas Dynamics, Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the ObligationsObligations under the Loan Documents. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Samples: Credit Agreement (PVH Corp. /De/), Credit Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/)
Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Company or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party Company makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable causecause (and whether as a result of any demand, settlement, litigation or otherwise), then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Samples: Credit Agreement (Bare Escentuals Inc), Credit Agreement (Bare Escentuals Inc), Term Loan Agreement (Bare Escentuals Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any the Administrative Agent, Issuing Bank the Collateral Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Samples: Credit Agreement (Viskase Companies Inc), Credit Agreement (Tropicana Entertainment Inc.), Possession Credit Agreement (JMBS Casino LLC)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person person or against or in payment of any or all of the Secured Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Samples: Credit Agreement (Ollie's Bargain Outlet Holdings, Inc.), Credit Agreement (Ollie's Bargain Outlet Holdings, Inc.), Credit Agreement (Ollie's Bargain Outlet Holdings, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Obligor or any other Person person or against or in payment of any or all of the Secured Obligations. To the extent that any Credit Party Obligor makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Samples: Term Loan Agreement (Milacron Holdings Corp.), Term Loan Agreement (Milacron Holdings Corp.), Term Loan Agreement (Milacron Holdings Corp.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor favour of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party the Borrower makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any the Administrative Agent, Issuing Bank the Collateral Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state state, provincial or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Samples: Second Amendment Agreement (Mogo Finance Technology Inc.), Credit Agreement (Mogo Finance Technology Inc.), Credit Agreement
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank the Revolving Administrative Agent or Lenders (or to the Administrative Agent or Revolving Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc), Credit and Guaranty Agreement (Fmsa Holdings Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Borrower Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Borrower Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, Agent on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces any security interests or exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Samples: Credit Agreement (Fly Leasing LTD), Term Loan Credit Agreement (Fly Leasing LTD), Term Loan Credit Agreement (Fly Leasing LTD)
Marshalling; Payments Set Aside. Neither any Agent nor None of the Agents, any Lender or any Issuing Bank shall be under any obligation to marshal any assets in favor of any Credit Party the Borrowers or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party a Borrower makes a payment or payments to Administrative Agent, Issuing Bank or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing Bank), or any Agent, the Lenders or the Issuing Bank Banks or Lender enforces any security interests of such Persons receives payment from the proceeds of the Collateral or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, any other state or federal law, common law or any equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights right and remedies therefor or related theretotherefor, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit Agreement (Agco Corp /De), Credit Agreement (Agco Corp /De)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Obligor or any other Person or against or in payment of any or all of the First Priority Term Loan Obligations. To the extent that any Credit Party Obligor makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Delta Energy Center, LLC), Credit and Guarantee Agreement (Calpine Corp)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders any Lender (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or any Lender enforces any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, 105 declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: First Lien Credit and Guaranty Agreement (Airbnb, Inc.), First Lien Credit and Guaranty Agreement (Airbnb, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing Bank)Lenders, or any Administrative Agent, Issuing Bank Collateral Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other foreign or domestic, federal or state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Vonage Holdings Corp), Credit and Guaranty Agreement (Vonage Holdings Corp)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Collateral Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable causecause (whether by demand, settlement, litigation or otherwise), then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Equinix Inc), Credit and Guaranty Agreement (Equinix Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of Borrower, any other Credit Party or any other Person party or against or in payment of any or all of the Obligations. To the extent that Borrower or any other Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Agents or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit Agreement (Courtside Acquisition Corp), Credit Agreement (Wellsford Real Properties Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Obligor or any other Person or against or in payment of any or all of the Revolving Loan Obligations. To the extent that any Credit Party Obligor makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit Agreement (Delta Energy Center, LLC), Credit Agreement (Calpine Corp)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of the Company, any Credit other Loan Party or any other Person party or against or in payment of any or all of the Obligations. To the extent that the Company or any Credit other Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender Party shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders the Lender Parties (or to Administrative Agent, on behalf of Lenders or Issuing Bankthe Lender Parties), or any Agent, Issuing Bank Agent or Lender Party enforces any security interests or exercises any right exercise its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Enviva Partners, LP), Credit and Guaranty Agreement (Enviva Partners, LP)
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Loan Agreement (Tuesday Morning Corp/De), Franchise Group, Inc.
Marshalling; Payments Set Aside. Neither any the ------------------------------- Administrative Agent nor any Lender the Collateral Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of any Credit Party Borrower or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party Borrower makes a payment or payments to the Administrative Agent, Issuing Bank the Collateral Agent or Lenders (any Lender or to the Administrative Agent, on behalf of Lenders or Issuing Bank), the Collateral Agent or any Agent, Issuing Bank or Lender enforces any its security interests or exercises any right its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, satisfied shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Loan and Security Agreement (Paetec Corp), Loan and Security Agreement (Paetec Corp)
Marshalling; Payments Set Aside. Neither any No Agent nor any or Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party the Borrower makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders) or the Administrative Agent or the Lenders or Issuing Bank), or any Agent, Issuing Bank or Lender enforces enforce any security interests or exercises any right their rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.
Appears in 2 contracts
Samples: Bridge Loan Agreement (Hospira Inc), Term Loan Agreement (Hospira Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender other Secured Party shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank or Lenders the Facility Agent (or to Administrative the Facility Agent, on behalf of Lenders the Lenders) or Issuing Bank)any other Secured Party, or any Agent, Issuing Bank Agent or Lender any other Secured Party enforces any security interests Lien or exercises any right its rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof thereof, are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common applicable law relating to a Bankruptcy Event or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Home Inns & Hotels Management Inc.)
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit Agreement (MSP Recovery, Inc.), Credit Agreement (MSP Recovery, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Holdings or the Borrowers or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes Holdings or the Borrowers make a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf Agent or Collateral Agent for the benefit of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit Agreement (FX Real Estate & Entertainment Inc.), Credit Agreement (FX Real Estate & Entertainment Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any the Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders the Lender (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lender), or any the Administrative Agent, Issuing Bank the Collateral Agent or the Lender enforces enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Consumer Portfolio Services Inc), Revolving Credit Agreement (Consumer Portfolio Services Inc)
Marshalling; Payments Set Aside. Neither any Agent nor the Agents not any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Obligors or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party Obligor makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders any Lender (or to the Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing Bankany Lender), or the Administrative Agent or any Agent, Issuing Bank or Lender enforces any security interests interest or exercises any right rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liensliens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Credit Agreement (Baker J Inc), Credit Agreement (Baker J Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender Party shall be under any obligation to marshal any assets in favor of any Credit Party Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party Borrower makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders the Secured Parties (or to Administrative Agent, on behalf of Lenders or Issuing Bankthe Secured Parties), or any Agent, Issuing Bank Agent or Lender Secured Parties enforces any security interests or exercises any right exercise its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 2 contracts
Samples: Term Loan Agreement (Hall of Fame Resort & Entertainment Co), Term Loan Agreement (GPAQ Acquisition Holdings, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender Party shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders the Lender Parties (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lender Parties), or any Agent, Issuing Bank Agent or Lender Party enforces any security interests or exercises any right exercise its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Macquarie Infrastructure Corp)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender None of the Agents or the Lenders shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank any Agent or Lenders any Lender (or to the Administrative Agent or the Collateral Agent, on behalf of Lenders any Agent or Issuing Bankany Lender), or any Agent, Issuing Bank Agent or any Lender enforces any security interests or exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.. 151
Appears in 1 contract
Samples: Credit and Guaranty Agreement (QualTek Services Inc.)
Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrowers or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes the Borrowers make a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to the Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or 147 federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender Purchaser shall be under any obligation to marshal any assets in favor of any Credit Party Company or any other Person or against or in payment of any or all of the ObligationsObligations or any other amount due hereunder. To the extent that any Credit Party Company makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders Purchasers (or to Administrative Agent, on behalf of Lenders or Issuing BankPurchasers), or any Administrative Agent, Issuing Bank Collateral Agent or Lender enforces Purchasers enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Note Issuance and Purchase Agreement (On Deck Capital, Inc.)
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party the Borrower makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to the Administrative Agent for the benefit of Lenders), or Administrative Agent, on behalf of Collateral Agent or Lenders or Issuing Bank), or any Agent, Issuing Bank or Lender enforces enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.. 202
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Term Secured Parties enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable causecause or otherwise (and whether as a result of any demand, settlement, litigation or otherwise), then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall not be under any obligation to marshal any assets in favor of Borrower, any Credit other Loan Party or any other Person party or against or in payment of any or all of the Obligations. To the extent that Borrower or any Credit other Loan Party makes a payment or payments to Administrative Agent, Issuing Bank the Lenders or Lenders Lender (or to Administrative Agent, on behalf Lender for the benefit of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Lender or Lender enforces the Lenders enforce any security interests or Lender exercises any right its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable causecause of action, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Secured Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived 190 and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any No Agent nor or any Lender shall will be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law law, any equitable cause or any equitable causeintercreditor arrangement contemplated hereunder, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall will be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.. 195
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any None of Agent, Collateral Agent nor or any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Borrowers or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Collateral Agent or Lenders (or to Administrative Agent, on behalf Agent or Collateral Agent for the benefit of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Collateral Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent fraudu- lent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor the Lead Arranger nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party Borrower makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Administrative Agent, Issuing Bank Collateral Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be or otherwise avoided as fraudulent or preferential, set aside and/or required to be repaid to a debtor-in-possession, trustee, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and reinstated and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit Agreement (Tiptree Inc.)
Marshalling; Payments Set Aside. Neither any No Agent nor or any Lender shall will be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law law, any equitable cause or any equitable causeintercreditor arrangement contemplated hereunder, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall will be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.. 160
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or 111 payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable causecause or otherwise (and whether as a result of any demand, settlement, litigation or otherwise), then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Kraton Polymers LLC)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall will be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Agent or Lender enforces any security interests or exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation (or part thereof of the obligation) originally intended to be satisfied, and all Liens, rights and remedies therefor for such obligation (or such part) or related theretoto such obligation (or such part), shall will be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Inovalon Holdings, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit NF Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders any Lender (or to the Administrative Agent, on behalf of Lenders or Issuing Banka Lender), or any the Administrative Agent, Issuing Bank the Collateral Agent or any Lender enforces enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Collateral Agent or Lenders (or to Administrative Agent, Agent or Collateral Agent on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Dura Automotive Systems Inc)
Marshalling; Payments Set Aside. Neither any No Agent nor or any Lender shall will be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the 178 Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law law, any equitable cause or any equitable causeintercreditor arrangement contemplated hereunder, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall will be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of the Company, any Credit other Loan Party or any other Person party or against or in payment of any or all of the Obligations. To the extent that the Company or any Credit other Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.. Real Mex Restaurants, Inc. Second Amended and Restated Credit Agreement
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that the Company or any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders any Lender (or to the Administrative Agent, on behalf of Lenders or Issuing Bankany Lender), or any the Administrative Agent, Issuing Bank the Collateral Agent or any Lender enforces enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party Borrower makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Loan and Security Agreement (LEAF Equipment Leasing Income Fund III, L.P.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces any security interests or exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally 151 intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit Agreement (Owl Rock Technology Income Corp.)
Marshalling; Payments Set Aside. Neither any None of Administrative Agent, Collateral Agent nor or any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Company or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party Company makes a payment or payments to Administrative Agent, Issuing Bank Agent or Collateral Agent or Lenders (or to Administrative Agent, on behalf Agent or Collateral Agent for the benefit of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Collateral Agent or Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any the Administrative Agent, Issuing Bank the Collateral Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Possession Credit Agreement
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Obligor or any other Person or against or in payment of any or all of the Term Loan Obligations. To the extent that any Credit Party Obligor makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party ChipPAC, Company or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party ChipPAC or Company makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf Agent or Collateral Agent for the benefit of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor 128 or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Facility Agent nor any Lender nor any other Secured Party shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank any Facility Agent or Lenders any Lender (or to the Administrative Agent, on behalf of Lenders or Issuing Bankany such Person), or any Agent, Issuing Bank Facility Agent or Lender enforces any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Term Loan Agreement (Source Interlink Companies Inc)
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party the Borrower makes a payment or payments to Administrative Agent, Issuing Bank or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank the Lenders (or Lender enforces to the Administrative Agent on behalf of the Lenders) enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Loan and Security Agreement (Mr. Cooper Group Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender None of the Agents or the Lenders shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank any Agent or Lenders any Lender (or to the Administrative Agent or the Collateral Agent, on behalf of Lenders any Agent or Issuing Bankany Lender), or any Agent, Issuing Bank Agent or any Lender enforces any security interests or exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (QualTek Services Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party ChipPAC, Company or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party ChipPAC or Company makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf Agent or Collateral Agent for the benefit of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit Agreement (Chippac Inc)
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Secured Obligations. To the extent that any Credit Transaction Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders any Lender (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or the Administrative Agent or any Agent, Issuing Bank or Lender enforces enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawLaw, any other state or federal lawLaw, common law Law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender None of the Collateral Agent, the Authorized Representative or the Purchasers shall be under any obligation to marshal any assets in favor of any Credit Note Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment by or payments to Administrative Agent, Issuing Bank or Lenders (or to Administrative Agent, on behalf of Lenders any Note Party is made to the Collateral Agent, the Authorized Representative or Issuing Bank)any Purchaser, or any the Collateral Agent, Issuing Bank the Authorized Representative or Lender enforces any security interests or Purchaser exercises any its right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are is subsequently invalidated, declared to be fraudulent or preferential, set aside and/or or required (including pursuant to any settlement entered into by the Collateral Agent, the Authorized Representative or such Purchaser in its discretion) to be repaid to a trustee, receiver 100 or any other party party, in connection with any proceeding under any bankruptcy lawDebtor Relief Law or otherwise, any other state or federal law, common law or any equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party or Guarantor makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders any Lender (or to the Administrative Agent, on behalf of Lenders or Issuing Banka Lender), or any the Administrative Agent, Issuing Bank the Collateral Agent or any Lender enforces enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party the Borrower makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Borrower or any other Person or against or in payment of any or all of the ObligationsObligations or any other amount due hereunder. To the extent that any Credit Party Borrower makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Administrative Agent, Issuing Bank Collateral Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit Agreement (Healing Co Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Company or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any the Administrative Agent, Issuing Bank the Collateral Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Secured Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank Agent or Lender enforces any security interests or exercises any right of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any DIP Agent nor any DIP Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank DIP Agent or DIP Lenders (or to Administrative DIP Agent, on behalf of Lenders or Issuing BankDIP Lenders), or any Agent, Issuing Bank DIP Agent or Lender enforces DIP Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Kv Pharmaceutical Co /De/)
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Viking Energy Group, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any A&R FIRST LIEN CREDIT AND GUARANTY AGREEMENT 119 bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor therefore or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (American Reprographics CO)
Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Borrower or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party Borrower makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are 144 subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable causecause (whether by litigation, demand, settlement or otherwise), then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of Borrower, any Credit Party Guarantor or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party Borrower makes a payment or payments to Administrative Agent, Issuing Bank the Lenders or Lenders either Agent (or to Administrative either Agent, on behalf of the Lenders or Issuing Bankthe Secured Parties), or any Agent, Issuing Bank the Lenders or Lender either Agent enforces any security interests or exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal lawLaw, common law Law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the ObligationsObligations under the Loan Documents. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to A-152 the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit Agreement (PVH Corp. /De/)
Marshalling; Payments Set Aside. Neither any the Collateral Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party Borrower makes a payment or payments to Administrative Agent, Issuing Bank the Facility Agent or the Lenders (or to Administrative the Facility Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Collateral Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Loan and Security Agreement (LEAF Equipment Leasing Income Fund III, L.P.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Company or any other Person or against or in payment of any EAST\148781874.9 or all of the ObligationsObligations or any other amount due hereunder. To the extent that any Credit Party Company makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Administrative Agent, Issuing Bank Collateral Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrower or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party the Borrower makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to the Administrative Agent for the benefit of Lenders), or Administrative Agent, on behalf of Collateral Agent or Lenders or Issuing Bank), or any Agent, Issuing Bank or Lender enforces enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor therefore or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.. 225
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any DIP Agent nor any DIP Lender shall be under any obligation to marshal any assets in favor of any Credit Party Borrowers or any other Person party or against or in payment of any or all of the DIP Obligations. To the extent that any Credit Party makes Borrowers make a payment or payments to Administrative Agent, Issuing Bank DIP Agent or DIP Lenders (or to Administrative Agent, on behalf DIP Agent for the benefit of Lenders or Issuing BankDIP Lenders), or any Agent, Issuing Bank DIP Agents or Lender enforces DIP Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Farmland Industries Inc
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Obligor or any other Person or against or in payment of any or all of the Second Priority Term Loan Obligations. To the extent that any Credit Party Obligor makes a payment or payments to the Administrative Agent, Issuing Bank Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces the Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither None of any Agent Agent, Arranger nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Agent or Lender enforces any security interests or exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside 146 and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)
Marshalling; Payments Set Aside. Neither any None of Administrative Agent, Collateral Agent nor or any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Borrower or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party Borrower makes a payment or payments to Administrative Agent, Issuing Bank Collateral Agent or Lenders (or to Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing BankLenders), or any Administrative Agent, Issuing Bank Collateral Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Credit Agreement (Dominos Inc)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender Party shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders the Lender Parties (or to the Administrative Agent, on behalf of Lenders or Issuing Bankthe Lender Parties), or any Agent, Issuing Bank Agent or Lender Party enforces any security interests or exercises any right exercise its rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common 130 law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (US Power Generating CO)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party the Borrowers or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the designee of the Administrative Agent, Issuing Bank Agent or Lenders any Lender (or to Administrative Agent, the Collateral Agent on behalf of Lenders or Issuing Banka Lender), the Collateral Agent or any Agent, Issuing Bank or Lender enforces enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Samples: Senior Secured Loan Agreement (Greenidge Generation Holdings Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender Purchaser shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank the Note Agent or Lenders the Purchasers (or to Administrative the Note Agent, on behalf of Lenders or Issuing Bankthe Purchasers), or any Agent, Issuing Bank Agent or Lender Purchaser enforces any security interests or exercises any right of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.
Appears in 1 contract
Samples: Note Purchase Agreement and Guaranty (Inspired Entertainment, Inc.)
Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Collateral Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable causecause (whether by demand, settlement, litigation or otherwise), then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.. 105
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party Borrower or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Credit Party Borrower makes a payment or payments to Administrative Agent, Issuing Bank Agent or Lenders (or to Administrative Agent, on behalf Agent for the benefit of Lenders or Issuing BankLenders), or any Agent, Issuing Bank Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable causecause (whether by litigation, demand, settlement or otherwise), then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be 117 revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders (or to the Administrative Agent, on behalf of Lenders or Issuing BankLenders), or any Agent, Issuing Bank the Administrative Agent or Lender enforces Lenders enforce any security interests or exercises any right exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Marshalling; Payments Set Aside. Neither any Agent nor any Lender Party shall be under any obligation to marshal any assets in favor of any Credit Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Credit Loan Party makes a payment or payments to the Administrative Agent, Issuing Bank Agent or Lenders the Lender Parties (or to Administrative Agent, on behalf of Lenders or Issuing Bankthe Lender Parties), or any Agent, Issuing Bank Agent or Lender Party enforces any security interests or exercises any right exercise its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred. SECTION 9.12.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Talen Energy Supply, LLC)
