Common use of Payment of the Liabilities Clause in Contracts

Payment of the Liabilities. Any amounts received by Agent from whatever source on account of the Liabilities may be applied by Agent toward the payment of such of the Liabilities, and in such order of application, as provided in the Note Agreement, and notwithstanding any payments made by or for the account of Guarantor pursuant to this Guaranty. Guarantor agrees that, if at any time all or any part of any payment theretofor applied by Agent to any of the Liabilities is or must be rescinded or returned by Agent for any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of Borrower), such Liabilities shall, for the purposes of this Guaranty and to the extent that such payment is or must be rescinded or returned, be deemed to have continued in existence notwithstanding such application by Agent, and this Guaranty shall continue to be effective or be reinstated, as the case may be, as to such Liabilities, all as though such application by Agent had not been made.

Appears in 2 contracts

Samples: Pledge Agreement (Sotherly Hotels Lp), Sotherly Hotels Lp

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Payment of the Liabilities. Any amounts received by Agent from whatever source on account of the Liabilities may be applied by Agent toward the payment of such of the Liabilities, and in such order of application, as provided in the Note Credit Agreement, and notwithstanding any payments made by or for the account of Guarantor pursuant to this Guaranty. Each Guarantor agrees that, if at any time all or any part of any payment theretofor theretofore applied by Agent to any of the Liabilities is or must be rescinded or returned by Agent for any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of any Borrower), such Liabilities shall, for the purposes of this Guaranty and to the extent that such payment is or must be rescinded or returned, be deemed to have continued in existence notwithstanding such application by Agent, and this Guaranty shall continue to be effective or be reinstated, as the case may be, as to such Liabilities, all as though such application by Agent had not been made.

Appears in 1 contract

Samples: Flotek Industries Inc/Cn/

Payment of the Liabilities. Any amounts received by Agent or Lenders from whatever source on account of the Liabilities may be applied by Agent or Lenders toward the payment of such of the Liabilities, and in such order of application, as provided in the Note AgreementAgent may from time to time elect, and notwithstanding any payments made by or for the account of Guarantor pursuant to this Continuing Guaranty. Guarantor agrees that, if at any time all or any part of any payment theretofor theretofore applied by Agent or Lenders to any of the Liabilities is or must be rescinded or returned by Agent or Lenders for any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of Borrower), such Liabilities shall, for the purposes of this Continuing Guaranty and to the extent that such payment is or must be rescinded or returned, be deemed to have continued in existence notwithstanding such application by AgentAgent or Lenders, and this Continuing Guaranty shall continue to be effective or be reinstated, as the case may be, as to such Liabilities, all as though such application by Agent or Lenders had not been made.

Appears in 1 contract

Samples: Convergent Communications Inc /Co

Payment of the Liabilities. Any amounts received by Agent from whatever source on account of the Liabilities may be applied by Agent toward the payment of such of the Liabilities, and in such order of application, as provided in the Note Credit Agreement, and notwithstanding any payments made by or for the account of Guarantor pursuant to this Guaranty. Guarantor agrees that, if at any time all or any part of any payment theretofor theretofore applied by Agent to any of the Liabilities is or must be rescinded or returned by Agent for any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of any Borrower), such Liabilities shall, for the purposes of this Guaranty and to the extent that such payment is or must be rescinded or returned, be deemed to have continued in existence notwithstanding such application by Agent, and this Guaranty shall continue to be effective or be reinstated, as the case may be, as to such Liabilities, all as though such application by Agent had not been made.

Appears in 1 contract

Samples: Englobal Corp

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Payment of the Liabilities. Any amounts received by Agent from whatever source on account of the Liabilities may be applied by Agent toward the payment of such of the Liabilities, and Liabilities in such the order of application, as provided application set forth in the Note Financing Agreement, and notwithstanding any payments made by or for the account of Guarantor pursuant to this Guaranty. Guarantor agrees that, if at any time all or any part of any payment theretofor theretofore applied by Agent to any of the Liabilities is or must be rescinded or returned by Agent for any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of Borrower), such Liabilities shall, for the purposes of this Guaranty and to the extent that such payment is or must be rescinded or returned, be deemed to have continued in existence notwithstanding such application by Agent, and this Guaranty shall continue to be effective or be reinstated, as the case may be, as to such Liabilities, all as though such application by Agent had not been made. The guaranty set forth in Paragraph 1 of this Guaranty is a guaranty of payment and not of collection, is a continuing guarantee, and shall apply to all Liabilities whenever arising.

Appears in 1 contract

Samples: Westaff Inc

Payment of the Liabilities. Any amounts received by the Administrative Agent from whatever source on account of the Liabilities may shall be applied by Agent toward the payment of such of the Liabilities, and in such order of application, as provided in the Note Credit Agreement, and notwithstanding any payments made by or for the account of Guarantor pursuant to this Guaranty. Guarantor agrees that, if at any time all or any part of any payment theretofor theretofore applied by the Administrative Agent to any of the Liabilities is or must be rescinded or returned by Agent the Administrative Agent, as applicable, for any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of BorrowerCompany), such Liabilities shall, for the purposes of this Guaranty and to the extent that such payment is or must be rescinded or returned, be deemed to have continued in existence notwithstanding such application by the Administrative Agent, as applicable, and this Guaranty shall continue to be effective or be reinstated, as the case may be, as to such Liabilities, all as though such application by Agent the Administrative Agent, as applicable, had not been made.

Appears in 1 contract

Samples: Healing Co Inc.

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