Common use of Marshalling; Payments Set Aside Clause in Contracts

Marshalling; Payments Set Aside. Neither Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of any Borrower or any other party or against or in payment of any or all of the Liabilities. To the extent that any Borrower makes a payment or payments to Agent or any Lender or Agent or any Lender enforces its security interests or exercises 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, state or federal law, common law or equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither The Agent nor any Lender shall be under any no obligation to xxxxxxxx mxxxxxxx any assets in favor of any the Borrower or any other party Person or against or in payment of any or all of the Liabilities. To the extent that any the Borrower makes a payment or payments to the Agent for the benefit of Lenders or any Lender or the Agent or any Lender enforces its security interests Liens or exercises 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, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent nor any The Lender shall be under any no obligation to xxxxxxxx mxxxxxxx any assets in favor of any Borrower or any other party Person or against or in payment of any or all of the Liabilities. To the extent that any a Borrower makes a payment or payments to Agent or any the Lender or Agent or any the Lender enforces its security interests Liens or exercises 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, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall automatically be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent the Administrative Agent, any Lender nor any Lender Issuing Bank shall be under any obligation to xxxxxxxx marshal any assets in favor of any Borrower the Borrowers or any other party or against or in payment of any or all of the LiabilitiesObligations. To the extent that any a Borrower makes a payment or payments to Agent the Administrative Agent, the Lenders or the Issuing Banks or any Lender or Agent or any Lender enforces its security interests or exercises its of such Persons 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, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither the Administrative Agent nor any Lender the Banks shall be under any obligation to xxxxxxxx any marsxxxx xxx assets in favor of any Borrower the Company or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower the Company makes a payment or payments to the Administrative Agent or any Lender the Banks, or the Administrative Agent or any Lender enforces its security interests the Banks enforce their Liens or exercises its exercise 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 or required to be repaid to a trustee, receiver or any other party under in connection with any bankruptcy lawInsolvency Proceeding, state or federal lawotherwise, common law or equitable cause, then, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither None of the Administrative Agent, any other Lender or any other Co-Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of any the Borrower or any other party or against or in payment of any or all of the LiabilitiesObligations. To the extent that any the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or Agent or any Lender enforces its security interests or such Person exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of any Borrower or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower makes the Borrowers make a payment or payments to Agent the Agents or the Lenders, or any Lender or Agent or any Lender enforces its security interests of such Persons receives payment from the proceeds of the Collateral or exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent nor any Lender Lenders shall be under any no obligation to xxxxxxxx any assets in favor of any Borrower or any other party person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower makes a payment or payments to Agent Lenders or any Lender Agent, or Agent Lenders or any Lender enforces Agent, on behalf of Lenders, enforce their or its security interests Liens or exercises their or 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 or required to be repaid to a trustee, receiver or any other party under Title 11 of the United States Code or under any bankruptcy law, other similar federal or state or federal law, common law or equitable cause, then, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither None of the Administrative ------------------------------- Agent nor or any other Lender shall be under any obligation to xxxxxxxx any assets in favor of any the Borrower or any other party or against or in payment of any or all of the LiabilitiesObligations. To the extent that any the Borrower makes a payment or payments to the Administrative Agent or any other Lender or Agent or any Lender enforces its security interests or such Person exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither the Documentation Agent nor any Lender Bank shall be under any obligation to xxxxxxxx any marsxxxx xxx assets in favor of any Borrower the Company or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower the Company makes a payment or payments to the Documentation Agent or any Lender the Banks, or the Documentation Agent or any Lender enforces its security interests the Banks enforce their Liens or exercises its exercise 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 or required to be repaid to a trustee, receiver or any other party under in connection with any bankruptcy lawInsolvency Proceeding, state or federal lawotherwise, common law or equitable cause, then, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither the Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of any the Borrower or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any the Borrower makes a payment or payments to Agent the Agent, the Lenders or any Lender or Agent or any Lender enforces its security interests of such Persons receives payment from the proceeds of the Collateral or exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of any the Borrower or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any the Borrower makes a payment or payments to Agent the Agents or the Lenders, or any Lender or Agent or any Lender enforces its security interests of such Persons receives payment from the proceeds of the Collateral or exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither None of the Administrative Agent, any other Lender or any other Co-Agent nor any Lender shall be under any obligation to xxxxxxxx marshal any assets in favor of any Borrower the Borrowers or any other party or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower the Borrowers makes a payment or payments to the Administrative Agent, any Agent or any other Lender or Agent or any Lender enforces its security interests or such Person exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither the Agent nor any Lender the Banks shall be under any obligation to xxxxxxxx any assets in favor of any Borrower the Companies or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower either Company makes a payment or payments to the Agent or any Lender the Banks, or the Agent or any Lender enforces its security interests the Banks enforce their Liens or exercises its exercise 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 or required to be repaid to a trustee, receiver or any other party under in connection with any bankruptcy lawInsolvency Proceeding, state or federal lawotherwise, common law or equitable cause, then, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither the Administrative Agent nor any Lender the Banks shall be under any obligation to xxxxxxxx any assets in favor of any Borrower the Company or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower the Company makes a payment or payments to the Administrative Agent or any Lender the Banks, or the Administrative Agent or any Lender enforces its security interests the Banks enforce their Liens or exercises its exercise 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 or required to be repaid to a trustee, receiver or any other party under in connection with any bankruptcy lawInsolvency Proceeding, state or federal lawotherwise, common law or equitable cause, then, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither the Agent nor any Lender Bank shall be under any obligation to xxxxxxxx any assets in favor of any Borrower the Company or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower the Company makes a payment or payments to the Agent or any Lender Bank, or the Agent or any Lender Bank enforces its security interests Liens or exercises 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 or required to be repaid to a trustee, receiver or any other party under in connection with any bankruptcy lawInsolvency Proceeding, state or federal lawotherwise, common law or equitable cause, then, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither the Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of any the Borrower or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any the Borrower makes a payment or payments to the Agent or any Lender Lender, or the Agent or any Lender enforces its security interests Liens or exercises 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 or required to be repaid to a trustee, receiver or any other party under in connection with any bankruptcy lawInsolvency Proceeding, state or federal lawotherwise, common law or equitable cause, then, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither the Agent nor any Lender the Collateral Agent shall be under any obligation to xxxxxxxx any assets in favor of any Borrower or any other party or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower makes a payment or payments to any Agent or any Lender or the Agent, the Collateral Agent or any Lender enforces its security interests or exercises 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, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent the Administrative Agent, any Lender nor any Lender Issuing Bank shall be under any obligation to xxxxxxxx marshal any assets in favor of any Borrower the Borrowers or any other party or against or in payment of any or all of the LiabilitiesObligations. To the extent that any a Borrower makes a payment or payments to Agent the Administrative Agent, the Lenders or the Issuing Bank or any Lender or Agent or any Lender enforces its security interests or exercises its of such Persons 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, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent nor None of the Agent, any Lender or any Issuing Bank shall be under any obligation to xxxxxxxx marshall any assets in favor of any Borrower or any other party or against ox xxxxxxt or in payment of any or all of the LiabilitiesObligations. To the extent that any such Borrower makes a payment or payments to Agent the Agent, the Lenders or the Issuing Banks or any Lender or Agent or any Lender enforces its security interests or exercises such Person 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent nor any Lender shall be under any no obligation to xxxxxxxx any assets or securities in favor of any Borrower or any Guarantor or any other party Person or against or in payment of any or all of the Liabilitiesobligations. To the extent that any Borrower makes a payment or payments to Agent Lender, or any Lender or Agent or any Lender enforces its security interests interest or exercises its rights of or setoff, and such payment or payments or for 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 law, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation Obligations or part thereof originally intended to be satisfied shall satisfied, and all Liens, rights and remedies therefor, are to be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of any Borrower or any other party or against or in payment of any or all of the Liabilities. To the extent that any Borrower makes a payment or payments to Agent or any Lender or Agent or any Lender enforces its security interests or exercises 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, state or federal law, common law or equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither the Administrative Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of the Borrower, any Borrower other Loan Party or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any the Borrower makes a payment or payments to the Administrative Agent or any Lender or Agent the Lenders, or any Lender enforces its security interests or of such Persons exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of any Borrower Borrowers or any other party Obligor or against or in payment of any or all of the LiabilitiesObligations. To the extent that any a Borrower makes a payment or payments to Agent or any Lender or Agent or any Lender enforces its security interests of such Persons receives payment from the proceeds of Collateral or exercises its rights 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 lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, rights and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred. The provisions of the immediately preceding sentence of this Section 5.6 shall survive any termination of the Revolver Commitments and payment in full of the Obligations.

Marshalling; Payments Set Aside. Neither Agent nor any Lender shall be under any obligation to xxxxxxxx marshall any assets in favor of any Borrower or any other party or against or in againsx xx xx payment of any or all of the Liabilities. To the extent that any Borrower makes a payment or payments to Agent or any Lender or Agent or any Lender enforces its security interests or exercises 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, state or federal law, common law or equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither the Documentation Agent nor any Lender Bank shall be under any obligation to xxxxxxxx any marsxxxx xxx assets in favor of any Borrower the Company or any other party person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower the Company makes a payment or payments to the Documentation Agent or any Lender the Banks, or the Documentation Agent or any Lender enforces its security interests the Banks enforce their Liens or exercises its exercise 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 or required to be repaid to a trustee, receiver or any other party under in connection with any bankruptcy lawInsolvency Proceeding, state or federal lawotherwise, common law or equitable cause, then, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither None of the Administrative Agent, any other Lender or any other Agent nor any Lender shall be under any obligation to xxxxxxxx marshal any assets in favor of any the Borrower or any other party or against or in payment of any or all of the LiabilitiesObligations. To the extent that any the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or Agent or any Lender enforces its security interests or such Person exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent nor any Lender shall be under any obligation to xxxxxxxx any marsxxxx xxx assets in favor of any Borrower Obligor or any other party or against or in payment of any or all of the Liabilities. To the extent that any Borrower Obligor makes a payment or payments to Agent or any Lender or Agent or any Lender enforces its security interests or exercises its rights of to 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, state or federal law, common law or equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither the Administrative Agent nor any Lender shall be under any obligation to xxxxxxxx any marsxxxx xxx assets in favor of the Borrower, any Borrower other Loan Party or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any the Borrower makes a payment or payments to the Administrative Agent or any Lender or Agent the Lenders, or any Lender enforces its security interests or of such Persons exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither None of the Agent nor or any other Lender shall be under any obligation to xxxxxxxx any assets in favor of any the Borrower or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that the Borrower or any Qualified Borrower makes a payment or payments to the Agent, the Agent or any other Lender or Agent or any Lender enforces its security interests or such Person exercises 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 or required to be repaid to a trustee, receiver re ceiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither the Administrative ------------------------------- Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of the Borrower, any Borrower other Loan Party or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any the Borrower makes a payment or payments to the Administrative Agent or any Lender or Agent the Lenders, or any Lender enforces its security interests or of such Persons exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither None of the Administrative Agent, the Collateral Agent nor or any Lender shall be under any obligation to xxxxxxxx marshal any assets in favor of any Borrower Borrower, any other Loan Party or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower makes a payment or payments to Agent or any Lender or Agent Agent, or any Lender enforces its security interests or of such Persons exercises 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 or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawparty, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither None of the Administrative Agent nor or any Lender shall be under any obligation to xxxxxxxx marshal any assets in favor of any Borrower or any other party or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower makes a payment or payments to Agent the Administrative Agent, the Lenders or any Lender of such Persons receives payment from the proceeds of the Collateral or Agent or any Lender enforces its security interests or exercises its 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, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent nor any Lender Secured Party shall be under any no obligation to xxxxxxxx any assets in favor of any Borrower Debtor or any other party Person or against or in payment of any or all of the Liabilitiesobligations of any Debtor under this Agreement or the Obligations. To the extent that any Borrower Debtor makes a payment or payments to Agent Secured Party or any Lender or Agent or any Lender Secured Party enforces its security interests or exercises 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, state or federal law, common law or equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither Agent nor any Lender nor Agent shall be under any obligation to xxxxxxxx marshal any assets in favor of any Borrower Credit Party or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower Company makes a payment or payments to Agent or any Lender Lenders (or to Agent for the benefit of Lenders) or Agent or any Lender enforces its security interests Lenders or exercises its 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, state or federal law, common law or equitable cause, then, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied satisfied, and all Liens, rights and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither Collateral Agent nor any Lender Senior Lenders shall be under any obligation to xxxxxxxx marshal any assets in favor of any Borrower or any other party Person or against or in payment of any or all of the LiabilitiesObligations. To the extent that any Borrower makes a payment or payments to Senior Lenders, or Collateral Agent or any Lender or Agent or any Lender Senior Lenders enforces its security interests their Liens or exercises its rights their 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 or required to be repaid to a trustee, receiver or any other party under in connection with any bankruptcy lawInsolvency Proceeding, state or federal lawotherwise, common law or equitable cause, then, then to the extent of such recovery, recovery the obligation Obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.