Common use of Indemnity for Returned Payments Clause in Contracts

Indemnity for Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations, Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-off, or a diversion of trust funds, or for any other reason, then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by Lender, and Borrower shall be liable to pay to Lender, and hereby does indemnify Lender and hold Lender harmless for the amount of such payment or proceeds surrendered. The provisions of this Section 2.6 shall be and remain effective notwithstanding any contrary action which may have been taken by Lender in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to Lender’s rights under this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 shall survive the termination of this Agreement.

Indemnity for Returned Payments. If after receipt of any payment which is of, or Proceeds applied to the payment of of, all or any part of the Obligations, Lender is for any reason compelled required to surrender such payment or proceeds Proceeds to any Person Person, because such payment or application of proceeds Proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-off, or a diversion of trust funds, or for any other reason, then the Obligations or part thereof intended to be satisfied shall be revived and continued continue and this Agreement shall continue in full force as if such payment or proceeds Proceeds had not been received by Lender, and Borrower shall be liable to pay to Lender, Lender and hereby does indemnify Lender and hold holds Lender harmless for the amount of such payment or proceeds Proceeds surrendered. The provisions of this Section 2.6 4.5 shall be and remain effective notwithstanding any contrary action which may have been taken by Lender in reliance upon such payment or application of proceedsProceeds, and any such contrary action so taken shall be without prejudice to Lender’s 's rights under this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds Proceeds having become final and irrevocable. The provisions of this Section 2.6 4.5 shall survive the termination of this Agreement.

Indemnity for Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations, Lender the Lender, the Bank or any Affiliate of the Bank is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-offsetoff, or a diversion of trust funds, or for any other reason, then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by Lender, the Lender and the Borrower shall be liable to pay to the Lender, and hereby does indemnify the Lender and hold the Lender harmless for the amount of such payment or proceeds surrendered. The provisions of this Section 2.6 3.9 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to the Lender’s rights under this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 3.9 shall survive the termination of this Agreement.

Indemnity for Returned Payments. If after receipt of any payment which that is applied to the payment of all or any part of the ObligationsObligations under the Loan Documents, Lender any Credit Provider is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-offsetoff, or a diversion of trust funds, or for any other reason, then the Obligations under the Loan Documents or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by Lender, such Credit Provider and Borrower the Borrowers shall be liable to pay to Lenderthe Agent for the benefit of the Credit Providers, and each Borrower hereby does indemnify Lender indemnifies the Credit Providers and hold Lender holds the Credit Providers harmless for the amount of such payment or proceeds surrendered. The provisions of this Section 2.6 2.11(f) shall be and remain effective notwithstanding any release of Collateral or guarantors, cancellation or return of Loan Documents, or other contrary action which that may have been taken by Lender any Credit Provider in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to Lender’s the Credit Providers’ rights under this Agreement and the other Loan Documents and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 2.11(f) shall survive the termination of this Agreement.

Indemnity for Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligationsobligations, Lender the Bank is for any reason compelled to surrender such payment or proceeds to any Person person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-offsetoff, or a diversion of trust funds, or for any other reason, then the Obligations obligations or part thereof intended to be satisfied shall be revived and continued continue and this Agreement agreement shall continue in full force as if such payment or proceeds had not been received by Lender, the Bank and Borrower the Borrowers shall be liable to pay to Lender, the Bank and hereby does jointly and severally indemnify Lender the Bank and hold Lender the Bank harmless for the amount of such payment or proceeds surrendered. The provisions of this Section 2.6 4.4 shall be and remain effective notwithstanding any contrary action which may have been taken by Lender the Bank in reliance upon such payment or application of proceedspayment, and any such contrary action so taken shall be without prejudice to Lender’s the Bank's rights under this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 4.4 shall survive the termination of this Agreement.

Indemnity for Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations, the Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-offsetoff, or a diversion of trust funds, or for any other reason, then then: the Obligations or part thereof intended to be satisfied shall be revived and continued continue and this Agreement shall continue in full force as if such payment or proceeds had not been received by Lender, the Lender and the Borrower shall be liable to pay to Lender, the Lender and hereby does indemnify the Lender and hold the Lender harmless for the amount of such payment or proceeds surrendered. The provisions of this Section 2.6 4.4 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceedspayment, and any such contrary action so taken shall be without prejudice to the Lender’s 's rights under this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 4.4 shall survive the termination of this Agreement.

Indemnity for Returned Payments. If after receipt of any payment or application of proceeds which is applied to the payment of all or any part of the Obligationsobligations outstanding or payable hereunder, the Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, rescinded, determined to be void or voidable as a preference, impermissible set-offsetoff, or a diversion of trust funds, or for any other reason, then the Obligations obligations or part thereof intended to be satisfied by such payment or application shall be revived and continued and this Agreement Note shall continue in full force as if such payment or proceeds had not been received by Lender, the Lender and the Borrower shall be liable to pay to Lender, and hereby does indemnify Lender and hold Lender harmless for the amount of such payment or proceeds surrenderedproceeds, and interest thereon, to the Lender. The provisions of this Section 2.6 1.6 shall be and remain effective notwithstanding operative and in full force and effect regardless of, and shall survive, any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to Lender’s rights under the repayment of advances evidenced by this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 shall survive the termination of this AgreementNote.

Indemnity for Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations, the Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-offsetoff, or a diversion of trust funds, or for any other reason, then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by Lender, the Lender and Borrower the Borrowers shall be liable to pay to Lender, and hereby does indemnify the Lender and hold each Borrower hereby indemnifies the Lender and holds the Lender harmless for the amount of such payment or proceeds surrendered. The provisions of this Section 2.6 2.17 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to the Lender’s 's rights under this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 2.17 shall survive the termination of this Agreement.

Indemnity for Returned Payments. If after receipt of any payment which or of any proceeds of Collateral that is applied to the payment of all or any part of the Obligations, Lender any Credit Provider is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-offsetoff, or a diversion of trust funds, or for any other reason, then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by Lender, such Credit Provider and Borrower the Borrowers shall be liable to pay to Lenderthe Administrative Agent, for the benefit of the applicable Credit Providers, and each Borrower hereby does indemnify Lender indemnifies the applicable Credit Providers and hold Lender holds the applicable Credit Providers harmless for the amount of such payment or proceeds surrendered. The provisions of this Section 2.6 4.7 shall be and remain effective notwithstanding any release of Collateral or guarantors, cancellation or return of Loan Documents, or other contrary action which that may have been taken by Lender any Credit Provider in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to Lender’s the Credit Providers’ rights under this Agreement and the other Loan Documents and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 4.7 shall survive the termination of this Agreement.

Indemnity for Returned Payments. If after receipt of any payment which is applied to the payment of all or any part of the Obligations, the Lender is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-offsetoff, or a diversion of trust funds, or for any other reason, then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by the Lender, and Borrower the Borrowers shall be liable to pay to the Lender, and the Borrowers hereby does indemnify the Lender and hold the Lender harmless for the amount of such payment or proceeds surrendered. The provisions of this Section 2.6 2.17 shall be and remain effective notwithstanding any contrary action which may have been taken by the Lender in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to the Lender’s rights under this Agreement and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 2.17 shall survive the termination of this Agreement.

Indemnity for Returned Payments. If after receipt of any payment which or of any proceeds of Collateral that is applied to the payment of all or any part of the Obligations, Lender any Credit Provider is for any reason compelled to surrender such payment or proceeds to any Person because such payment or application of proceeds is invalidated, declared fraudulent, set aside, determined to be void or voidable as a preference, impermissible set-offsetoff, or a diversion of trust funds, or for any other reason, then the Obligations or part thereof intended to be satisfied shall be revived and continued and this Agreement shall continue in full force as if such payment or proceeds had not been received by Lender, such Credit Provider and Borrower the Borrowers shall be liable to pay to Lenderthe Administrative Agent, for the benefit of the Credit Providers, and each Borrower hereby does indemnify Lender indemnifies the Credit Providers and hold Lender holds the Credit Providers harmless for the amount of such payment or proceeds surrendered. The provisions of this Section 2.6 4.7 shall be and remain effective notwithstanding any release of Collateral or guarantors, cancellation or return of Loan Documents, or other contrary action which that may have been taken by Lender any Credit Provider in reliance upon such payment or application of proceeds, and any such contrary action so taken shall be without prejudice to Lender’s the Credit Providers’ rights under this Agreement and the other Loan Documents and shall be deemed to have been conditioned upon such payment or application of proceeds having become final and irrevocable. The provisions of this Section 2.6 4.7 shall survive the termination of this Agreement.