Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 4 contracts
Sources: Term Loan Agreement (Washington Prime Group, L.P.), Term Loan Agreement (Washington Prime Group, L.P.), Term Loan Agreement (WP Glimcher Inc.)
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or nor any other Co-Agent Issuing Bank shall be under any obligation to marshal any assets in favor of the Borrower Borrowers or any other party or against or in payment of any or all of the Obligations. To the extent that the a Borrower makes a payment or payments to the Administrative Agent, any Agent the Lenders or the Issuing Banks or any other Lender or any of such Person exercises its 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 3 contracts
Sources: Credit Agreement (Agco Corp /De), Credit Agreement (Agco Corp /De), Credit Agreement (Agco Corp /De)
Marshalling; Payments Set Aside. None of the Administrative Agent, Neither Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the any Borrower or any other party or against or in payment of any or all of the ObligationsLiabilities. To the extent that the any Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or Agent or any such Person 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, then 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, and all Liens, right and remedies therefor, 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: Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp), Loan and Security Agreement (Abc Rail Products Corp)
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower or Parent Guarantor, any other party or against or in payment of any or all of the Secured Obligations. To the extent that the Borrower or Parent Guarantor makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Lenders or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.. 100
Appears in 2 contracts
Sources: Credit Agreement (Gaylord Entertainment Co /De), Loan Agreement (Gaylord Entertainment Co /De)
Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower Borrowers or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower Borrowers makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 2 contracts
Sources: Senior Secured Term Loan Agreement (Washington Prime Group, L.P.), Senior Secured Term Loan Agreement (Washington Prime Group, L.P.)
Marshalling; Payments Set Aside. None of the Administrative Agent, any other The Lender or any other Co-Agent shall not be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the Borrower Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower Company makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any such Person the Lender enforces the Liens under the Collateral Documents or exercises 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 or required (including pursuant to any settlement entered into by the Lender in its discretion) to be repaid to a trustee, receiver or any other partyparty in connection with any insolvency proceeding, then or otherwise, then, to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, 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 2 contracts
Sources: Credit Agreement (Diedrich Coffee Inc), Credit Agreement (Diedrich Coffee Inc)
Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent Lenders shall be under any no obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the Borrower or any other party person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Lenders or Agent, any Agent or any other Lender Lenders or any such Person Agent, on behalf of Lenders, enforce their or its 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 or required to be repaid to a trustee, receiver or any other partyparty under Title 11 of the United States Code or under any other similar federal or state law, common law or equitable cause, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, 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 2 contracts
Sources: Warehousing Credit Agreement (American Finance Group Inc /De/), Warehousing Credit Agreement (PLM International Inc)
Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 2 contracts
Sources: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)
Marshalling; Payments Set Aside. None of the Administrative Agent, Neither any other Agent nor any Lender or any other Co-Agent shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative AgentAgents or the Lenders, any Agent or any other Lender of such Persons receives payment from the proceeds of the Collateral or any 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 2 contracts
Sources: Credit Agreement (Stellex Industries Inc), Credit Agreement (Stellex Technologies Inc)
Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent Lenders shall be under any no obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the any Borrower or any other party person or against or in payment of any or all of the Obligations. To the extent that the any Borrower makes a payment or payments to the Administrative Lenders or Agent, any Agent or any other Lender Lenders or any such Person Agent, on behalf of Lenders, enforce their or its 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 or required to be repaid to a trustee, receiver or any other partyparty under Title 11 of the United States Code or under any other similar federal or state law, common law or equitable cause, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, 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 2 contracts
Sources: Warehousing Credit Agreement (PLM Equipment Growth Fund V), Warehousing Credit Agreement (Professional Lease Management Income Fund I LLC)
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or any other Co-Agent nor the Banks shall be under any obligation to marshal any mars▇▇▇▇ ▇▇▇ assets in favor of the Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Banks, or any such Person exercises its the Administrative Agent or the Banks enforce their Liens or 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 or required to be repaid to a trustee, receiver or any other partyparty in connection with any Insolvency Proceeding, or otherwise, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, 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 2 contracts
Sources: Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Usa Inc /Tx)
Marshalling; Payments Set Aside. None of the Administrative Agent, any other The Lender or any other Co-Agent shall not be under any obligation to marshal any assets in favor of the Borrower any Guarantor or any other party Person or against or in payment of any or all of the Guaranteed Obligations. To the extent that any payment by or on behalf of the Borrower makes a payment or payments Company is made to the Administrative AgentLender, any Agent or any other the Lender or any such Person exercises its rights right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Lender in its discretion) to be repaid to a trustee, receiver or any other party, in connection with any Insolvency Proceeding or otherwise, then (i) to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, 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: Guaranty, Guaranty (Jacobs Engineering Group Inc /De/)
Marshalling; Payments Set Aside. None of the Administrative Agent, Neither any other Agent nor any Lender or any other Co-Agent shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the any Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes Borrowers make a payment or payments to the Administrative AgentAgents or the Lenders, any Agent or any other Lender of such Persons receives payment from the proceeds of the Collateral or any 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 2 contracts
Sources: Credit Agreement (General Inspection Laboratories Inc), Credit Agreement (General Inspection Laboratories Inc)
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or any other Co-------------------------------- Agent nor the Banks shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the Borrower Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower Company makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Banks, or any such Person exercises its the Administrative Agent or the Banks enforce their Liens or 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 or required to be repaid to a trustee, receiver or any other partyparty in connection with any Insolvency Proceeding, or otherwise, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, 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 2 contracts
Sources: Credit Agreement (Oneok Inc /New/), Credit Agreement (Oneok Inc /New/)
Marshalling; Payments Set Aside. None of the Administrative Agent, Neither Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal any mars▇▇▇▇ ▇▇▇ assets in favor of the Borrower any Obligor or any other party or against or in payment of any or all of the ObligationsLiabilities. To the extent that the Borrower any Obligor makes a payment or payments to the Administrative Agent, any Agent or any other Lender or Agent or any such Person 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, then 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, and all Liens, right and remedies therefor, 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: Loan and Security Agreement (Action Performance Companies Inc)
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower or Parent Guarantor or any other party or against or in payment of any or all of the Secured Obligations. To the extent that the Borrower or Parent Guarantor makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Lenders or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 1 contract
Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender the Collateral Agent or any other Co-Agent Lender shall be under any obligation to marshal any assets in favor of the Borrower any Borrower, any other Loan Party or any other party Person or against or in payment of any or all of the Obligations. To the extent that the any Borrower makes a payment or payments to the Administrative any Lender or Agent, any Agent or any other Lender or any of such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 1 contract
Sources: Loan Agreement (Accredited Mortgage Loan REIT Trust)
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, ------------------------------- Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the Borrower Borrower, any other Loan Party or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Lenders, or any of such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 1 contract
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or any other Co-Agent nor the Collateral Agent shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the any Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the any Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or the Agent, the Collateral Agent or any such Person 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 or and/or required to be repaid to a trustee, receiver or any other partyparty 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, and all Liens, right and remedies therefor, 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: Loan and Security Agreement (KMC Telecom Holdings Inc)
Marshalling; Payments Set Aside. None of the Neither Administrative Agent, Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower Company or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower Company makes a payment or payments to the Administrative Agent, any Agent or Lenders (or to Administrative Agent for the benefit of Lenders), or Administrative Agent or Lenders enforce any other Lender security interests or any such Person 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, then any other state or federal law, common law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.
Appears in 1 contract
Sources: Senior Subordinated Credit Agreement (Express Scripts Inc)
Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 1 contract
Sources: 364 Day Bridge Term Loan Agreement (Washington Prime Group Inc.)
Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent Issuing Bank shall be under any obligation to marshal marshall any assets in favor of the any Borrower or any other party or against o▇ ▇▇▇▇▇▇t or in payment of any or all of the Obligations. To the extent that the such Borrower makes a payment or payments to the Administrative Agent, any Agent the Lenders or any other Lender the Issuing Banks or any such Person exercises 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 1 contract
Sources: Senior Unsecured Revolving Credit Agreement (Lexington Corporate Properties Trust)
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or nor any other Co-Agent Issuing Bank shall be under any obligation to marshal any assets in favor of the Borrower Borrowers or any other party or against or in payment of any or all of the Obligations. To the extent that the a Borrower makes a payment or payments to the Administrative Agent, any Agent the Lenders or the Issuing Bank or any other Lender or any of such Person exercises its 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 1 contract
Sources: Credit Agreement (Agco Corp /De)
Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender Agent or any other Co-Agent Lender shall be under any obligation to marshal any assets in favor of the any Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the any Borrower makes a payment or payments to the Administrative Agent, any Agent the Lenders or any other Lender of such Persons receives payment from the proceeds of the Collateral or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 1 contract
Marshalling; Payments Set Aside. None of the Administrative Agent, Agent or any other Lender or any other Co-Agent shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower or any Qualified Borrower makes a payment or payments to the Administrative Agent, any the Agent or any other Lender or any 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 or required to be repaid to a trustee, receiver re ceiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 1 contract
Sources: Revolving Credit Agreement (Prometheus Senior Quarters LLC)
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or any other Co-------------------------------- Agent nor the Lenders shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the Borrower Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower Company makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Lenders, or any such Person exercises its the Administrative Agent or the Lenders enforce their Liens or 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 or required to be repaid to a trustee, receiver or any other partyparty in connection with any Insolvency Proceeding, or otherwise, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, 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
Marshalling; Payments Set Aside. None of the Administrative Payment and Disbursement Agent, any other Lender or any other Co-Agent shall be under any obligation to marshal m▇▇▇▇▇▇▇ any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Payment and Disbursement Agent, any Agent or any other Lender or any 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be 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.
Appears in 1 contract
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal ▇▇▇▇▇▇▇▇ any assets in favor of the Borrower or any other party or against or in payment of any or all of the ObligationsLiabilities. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any for the account of the Lenders, or the Agent enforces its security interests or the Agent or any other Lender or any 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 or and/or required to be repaid to a trustee, receiver or any other partyparty 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, and all Liens, right and remedies therefor, 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: Loan and Security Agreement (Amcraft Building Products Co Inc)
Marshalling; Payments Set Aside. None of Neither the Administrative Agent, Documentation Agent nor any other Lender or any other Co-Agent Bank shall be under any obligation to marshal any mars▇▇▇▇ ▇▇▇ assets in favor of the any Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the any Borrower makes a payment or payments to the Administrative Agent, any Documentation Agent or any other Lender the Banks, or any such Person exercises its the Documentation Agent or the Banks enforce their Liens or exercise their rights of setoffset-off against such Borrower, 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 or required to be repaid to a trustee, receiver or any other partyparty in connection with any Insolvency Proceeding, or otherwise, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied by such Borrower 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
Marshalling; Payments Set Aside. None of the Administrative Agent, Neither Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal any marsh▇▇▇ ▇▇▇ assets in favor of the Borrower Borrowers or any other party Obligor or against or in payment of any or all of the Obligations. To the extent that the a Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any of such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right 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.
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Marshalling; Payments Set Aside. None of the Administrative Agent, Neither Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal marshall any assets in favor of the Borrower or any other party or against or in agains▇ ▇▇ ▇▇ payment of any or all of the ObligationsLiabilities. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or Agent or any such Person 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, then 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, and all Liens, right and remedies therefor, 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.
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Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent Lenders shall be under any no obligation to marshal any assets in favor of the Borrower or any other party person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Lenders or Agent, any Agent or any other Lender Lenders or any such Person Agent, on behalf of Lenders, enforce their or its 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 or required to be repaid to a trustee, receiver or any other partyparty under Title 11 of the United States Code or under any other similar federal or state law, common law or equitable cause, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, 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.
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Sources: Warehousing Credit Agreement (PLM International Inc)