Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. None of the Morg▇▇ ▇▇▇nt, the Fleet Agent or any Bank 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 Bank receives any payment by or on behalf of the Borrower in connection with this Agreement, 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 the Borrower to such Bank as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of the Morg▇▇ ▇▇▇nt, the Fleet Agent or any Bank Lender shall be under any no obligation to mars▇▇▇▇ ▇▇▇ marshal any assets in favor of the Borrower or any of its Subsidiaries or any other party or against or in payment of any or all of the Obligations. To the extent any Bank Lender receives any payment by or on behalf of the Borrower in connection with this Agreementor any of its Subsidiaries, 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 any of its Subsidiaries 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 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 or any of its Subsidiaries to such Bank Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None Neither of the Morg▇▇ ▇▇▇ntLead Agent, the Fleet Managing Co-Agent or nor any Bank 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 Bank receives any payment by or on behalf of the Borrower in connection with this Agreement, 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 the Borrower to such Bank as of the date such initial payment, reduction or satisfaction occurred.. 109 111

Marshalling; Recapture. None Neither of the Morg▇▇ ▇▇▇ntLead Agent, the Fleet Managing Co-Agent or nor any Bank 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 Bank receives any payment by or on behalf of the Borrower in connection with this Agreement, 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 the Borrower to such Bank as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of Neither the Morg▇▇ ▇▇▇nt, the Fleet Agent or nor any Bank Lender shall be under any obligation to mars▇▇▇▇ ▇▇▇ marshall any assets in favor of the Borrower any Loan Party or any other party or against ▇▇▇▇▇▇▇ or in payment of any or all of the Obligations. To the extent any Bank Lender receives any payment by or on behalf of the Borrower in connection with this Agreementany Loan Party, 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 such Loan Party or its estate, trustee, 135 CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT 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 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 such Loan Party to such Bank Lender as of the date such initial payment, reduction or satisfaction occurred.