Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser hereunder or pursuant to either the Additional Investment Rights or the Warrants, or any Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Radview Software LTD), Securities Purchase Agreement (Stockeryale Inc), Securities Purchase Agreement (Stockeryale Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser hereunder or pursuant to either the Additional Investment Rights any Transaction Document or the Warrants, or any a Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect (to the extent that they have not been found invalid due to the Purchaser’s breach of the Transaction Documents) as if such payment had not been made or such enforcement or setoff had not occurred.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Cardima Inc), Securities Purchase Agreement (Cardima Inc), Securities Purchase Agreement (Cardima Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser hereunder or pursuant to either the Additional Investment Rights or the Warrants, Warrants or any Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Global Epoint Inc), Securities Purchase Agreement (Sulphco Inc), Securities Purchase Agreement (Sulphco Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser the Buyer hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, or any Purchaser Buyer enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration and, to the extent permitted under applicable law, 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.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Skandalaris Robert J), Securities Purchase Agreement (ArcelorMittal), Securities Purchase Agreement (Noble International, Ltd.)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser Buyer hereunder or pursuant to either the Additional Investment Registration Rights Agreement, the Certificate of Designations or the Warrants, Buyers enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Midway Games Inc), Securities Purchase Agreement (Alloy Online Inc), Securities Purchase Agreement (Midway Games Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any the Purchaser hereunder or pursuant to either the Additional Investment Registration Rights Agreement or the Warrants, Certificate of Designations or any the Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company Company, by a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Clarient, Inc), Stock Purchase Agreement (Clarient, Inc)
Payment Set Aside. To the extent that the Company Companies makes a payment or payments to any Purchaser the Buyers hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, Buyers enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Company by Companies, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Qsgi Inc.), Securities Purchase Agreement (Qsgi Inc.)
Payment Set Aside. To the extent that the Company Borrower makes a payment or payments to any Purchaser the Agent and the Lenders hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, Agent and the Lenders enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Borrower, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 2 contracts
Sources: Financing Agreement (Basil Street Cafe, Inc.), Financing Agreement (Basil Street Cafe, Inc.)
Payment Set Aside. To the extent that the Company makes a payment or payments to any the Purchaser hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, or any Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 2 contracts
Sources: Share Purchase Agreement (LakeShore Biopharma Co., Ltd.), Share Purchase Agreement (Wong Fung Ching)
Payment Set Aside. To the extent that the Company makes a payment or ------------------- payments to any Purchaser hereunder or pursuant to either the Additional Investment Rights any Transaction Document or the Warrants, or any a Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall shall, to the extent permissible under applicable law, 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.
Appears in 2 contracts
Sources: Securities Purchase Agreement (China World Trade Corp), Securities Purchase Agreement (China World Trade Corp)
Payment Set Aside. To the extent that the Company PrivateCo or PublicCo makes a payment or payments to any Purchaser the Buyers hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, Buyers enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by PrivateCo or PublicCo, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Vallon Pharmaceuticals, Inc.), Securities Purchase Agreement (Cellect Biotechnology Ltd.)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser the Investor hereunder or pursuant to either the Additional Investment Registration Rights Agreement or the Warrants, or any Purchaser Investor enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person GOVERNING LAW; MISCELLANEOUS - continued under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 2 contracts
Sources: Investment Agreement (12 to 20 Plus Inc), Investment Agreement (12 to 20 Plus Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser the Holder hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents, as amended by this Agreement, or the Warrants, Holder enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Payment Set Aside. To the extent that the Company makes a payment or payments to any the Purchaser hereunder or pursuant to either the Additional Investment Registration Rights Agreement, the Certificate of Designations or the Warrants, or any Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser the Buyers hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, Buyers enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person -37- Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Securities Purchase Agreement (Sandell Asset Management Corp)
Payment Set Aside. To the extent that the Company or Parent makes a payment or payments to any Purchaser Lender hereunder or pursuant to either any of the Additional Investment Rights other Amended Transaction Documents or the Warrants, or any Purchaser Lender enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, Parent, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Limited Waiver, Consent, and Modification Agreement (Black Raven Energy, Inc.)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser hereunder or pursuant to either the Additional Investment Rights any Transaction Document or the Warrants, or any a Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof CRDM SPA Final 28 originally intended to be satisfied shall be revived and continued in full force and effect (to the extent that they have not been found invalid due to the Purchaser’s breach of the Transaction Documents) as if such payment had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Payment Set Aside. To the extent that the Company makes a payment or payments to any the Purchaser hereunder or pursuant to either the Additional Investment Rights Certificate of Designations or Warrants or the Warrants, or any Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person or entity under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Securities Purchase Agreement (American Bio Medica Corp)
Payment Set Aside. To the extent that the Company makes a ----------------- payment or payments to any Purchaser the Investor hereunder or pursuant to either the Additional Investment Registration Rights Agreement, any of the Certificates of Designations or the Warrants, or any Purchaser Investor enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Redemption and Exchange Agreement (Microstrategy Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser the Buyers hereunder or pursuant to either the Additional Investment Rights Certificate of Designations or the Warrants, Buyers enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.. 39
Appears in 1 contract
Sources: Securities Purchase Agreement (Ariad Pharmaceuticals Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser Subscriber hereunder or pursuant to either the Additional Investment Registration Rights Agreement or the Warrants, Certificate or any Purchaser Subscriber enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action)) by the court of competent jurisdiction in a final non-appealable judgment, then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Subscription Agreement (Xceed Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any the Purchaser hereunder or pursuant to either the Additional Investment Rights any Transaction Document or the Warrants, or any Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise US-DOCS\133667321.2 or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Securities Purchase Agreement (T2 Biosystems, Inc.)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser hereunder or pursuant to either the Additional Investment Rights any Transaction Document or the Warrants, or any a Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or 4856-0725-9043, v.7 otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser Buyer hereunder or pursuant to either the Additional Investment Registration Rights Agreement, the Certificate of Designations or the Warrants, Warrants or any Purchaser enforces the Buyers enforce or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Securities Purchase Agreement (Net2000 Communications Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser the Subscriber hereunder or pursuant to either the Additional Investment Registration Rights Agreement or the Warrants, Certificate or any Purchaser the Subscriber enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action)) by the court of competent jurisdiction in a final non-appealable judgment, then to the extent of any such restoration 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.
Appears in 1 contract
Payment Set Aside. To the extent that the Company or ShellCo makes a payment or payments to any Purchaser the Buyers hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, Buyers enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Securities Purchase Agreement (Aerobic Creations, Inc.)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser the Buyers hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, Buyers enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by or a Subsidiary, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, United States or Canadian federal, state or federal provincial law, foreign law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Payment Set Aside. To the extent permitted by law, to the extent that the Company makes a payment or payments to any Purchaser hereunder or pursuant to either the Additional Investment Rights any Transaction Document or the Warrants, or any a Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, U.S. federal or state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Payment Set Aside. To the extent that the Company makes a payment ----------------- or payments to any Purchaser the Investor hereunder or pursuant to either the Additional Investment Registration Rights Agreement, any of the Certificates of Designations or the Warrants, or any Purchaser Investor enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Redemption and Exchange Agreement (Microstrategy Inc)
Payment Set Aside. To the extent that the Company Corporation makes a payment or payments to any the Purchaser hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, or any Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Corporation, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Notes Purchase Agreement (Saratoga Investment Corp.)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser hereunder or pursuant to either the Additional Investment Rights any Transaction Document or the Warrants, or any a Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall shall, subject to any applicable provision of any bankruptcy law, state or federal law, common law or equitable cause of action, 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.
Appears in 1 contract
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser the Buyer hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, or any Purchaser Buyer enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by by, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Payment Set Aside. To the extent that either of the Company Companies makes a payment or payments to any Purchaser the Buyers hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, Buyers enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to either of the Company by Companies, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser the Buyer hereunder or pursuant to either the Additional Investment Rights Note or the WarrantsWarrant, or any Purchaser the Buyer enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other ot her person or entity under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Securities Purchase Agreement (Multimedia Platforms Inc.)
Payment Set Aside. To the extent that the Company makes a ----------------- payment or payments to any Purchaser Investor hereunder or pursuant to either the Additional Investment Exchange Registration Rights Agreement or the Warrants, Exchange Certificate of Amendment or any Purchaser Investor enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Exchange, Redemption and Conversion Agreement (Netplex Group Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser a Buyer hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, or any Purchaser a Buyer enforces or exercises its such Buyer’s rights hereunder or thereunder, and such the payment or payments or the proceeds of such the enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such the restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such the payment had not been made or such the enforcement or setoff had not occurred.
Appears in 1 contract
Sources: Securities Purchase Agreement (Adcare Health Systems Inc)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser Buyer hereunder or pursuant to either the Additional Investment Rights Notes or the Warrants, or any Purchaser Buyer enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person or entity under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract
Sources: Securities Purchase Agreement (Nano Dimension Ltd.)
Payment Set Aside. To the extent that the Company makes a payment or payments to any Purchaser hereunder or pursuant to either the Additional Investment Registration Rights Agreement, the Certificate of Designation or the Warrants, Warrants or any such Purchaser enforces or exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by or to a trustee, receiver or any other person under any law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then then, to the extent of any such restoration restoration, 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.
Appears in 1 contract
Payment Set Aside. To the extent that the Company makes a payment or ------------------- payments to any Purchaser the Buyers hereunder or pursuant to either any of the Additional Investment Rights other Transaction Documents or the Warrants, Buyers enforce or any Purchaser enforces or exercises its exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company by Company, a trustee, receiver or any other person Person under any law (including, without limitation, any bankruptcy law, foreign, provincial, state or United States federal law, common law or equitable cause of action), then to the extent of any such restoration 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.
Appears in 1 contract