Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. None of the Administrative Agent nor any Lender shall be under any obligation to mars▇▇▇▇ ▇▇▇ 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 any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Appears in 1 contract

Sources: Bridge Loan Agreement (NTL Inc /De/)

Marshalling; Recapture. None of the Administrative Collateral Trustee, the Loan Agent nor any Lender shall be under any obligation to mars▇▇▇▇ ▇▇▇ marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the ObligationsLoans. To the extent any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any the Bankruptcy LawCode, state or federal Federal law, common law or equitable cause, then, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Appears in 1 contract

Sources: Class a Lr Credit Agreement (Blue Owl Capital Corp)

Marshalling; Recapture. None of the Administrative Agent Agents nor any Lender shall be under any obligation to mars▇▇▇▇▇▇▇▇ ▇▇▇ 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 any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Appears in 1 contract

Sources: Term Loan Agreement (Crown Castle International Corp)

Marshalling; Recapture. None of the Administrative Loan Agent nor or any Lender shall be under any obligation to mars▇▇▇▇ ▇▇▇ marshal any assets in favor of the Borrower or any other party or against or in payment of any portion of, or all of of, the ObligationsLoan. To the extent any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Lawbankruptcy law, state or federal Federal law, common law or equitable cause, then, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Appears in 1 contract

Sources: Credit Agreement (Lument Finance Trust, Inc.)

Marshalling; Recapture. None of Neither the Administrative Agent nor any Lender shall be under any obligation to mars▇▇▇▇▇▇▇▇ ▇▇▇ 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 any Lender receives any payment by or on behalf of the BorrowerParent or the Company, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower Parent or the Company or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Lawbankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of Borrower the Parent or the Company to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Appears in 1 contract

Sources: Credit Agreement (Worldport Communications Inc)

Marshalling; Recapture. None of the Administrative Trustee, the Loan Agent nor any Lender shall be under any obligation to mars▇▇▇▇ ▇▇▇ marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the ObligationsLoans. To the extent any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Lawbankruptcy law, state or federal Federal law, common law or equitable cause, then, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Appears in 1 contract

Sources: Credit Agreement (PennantPark Floating Rate Capital Ltd.)

Marshalling; Recapture. None of the Administrative Agent Bank, the Collateral Agent nor any Lender Bank shall be under any obligation to mars▇▇▇▇▇▇▇▇ ▇▇▇ 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 any Lender Bank receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any Bankruptcy bankruptcy Law, state or federal lawLaw, common law Law or equitable cause, then, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of the Borrower to such Lender Bank as of the date such initial payment, reduction or satisfaction occurred.

Appears in 1 contract

Sources: Construction and Term Loan Agreement (NRG Generating U S Inc)