Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. Neither the Administrative Agent, the Collateral Custodian nor any Lender will be under any obligation to marshal any assets in favor of any Borrower Party 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 a Borrower Party, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a Borrower Party 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 had been paid, reduced or satisfied by the amount so repaid, will be reinstated by the amount so repaid and will be included within the liabilities of such Borrower Party to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Administrative Agent, the Collateral Custodian Agent nor any Lender will shall be under any obligation to marshal marshall any assets in favor of any Borrower Loan Party 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 a Borrower any 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 a 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, then to the extent of such payment or repayment, the Obligation obligation or part thereof which had has been paid, reduced or satisfied by the amount so repaid, will repaid shall be reinstated by the amount so repaid and will shall be included within the liabilities of such Borrower Loan Party to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither of the Administrative Lead Agent, the Collateral Custodian Managing Co-Agent nor any Lender will Bank shall be under any obligation to marshal any mars▇▇▇▇ ▇▇▇ assets in favor of any the Borrower Party 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 a the Borrower Partyin 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 a the Borrower Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, then to the extent of such payment or repayment, the Obligation or part thereof which had has been paid, reduced or satisfied by the amount so repaid, will repaid shall be reinstated by the amount so repaid and will shall be included within the liabilities of such the Borrower Party to such Lender Bank as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither None of the Administrative AgentMorg▇▇ ▇▇▇nt, the Collateral Custodian nor Fleet Agent or any Lender will Bank shall be under any obligation to marshal any mars▇▇▇▇ ▇▇▇ assets in favor of any the Borrower Party 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 a the Borrower Partyin 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 a the Borrower Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, then to the extent of such payment or repayment, the Obligation or part thereof which had has been paid, reduced or satisfied by the amount so repaid, will repaid shall be reinstated by the amount so repaid and will shall be included within the liabilities of such the Borrower Party to such Lender Bank as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither of the Administrative Lead Agent, the Collateral Custodian Managing Co-Agent nor any Lender will Bank shall be under any obligation to marshal any mars▇▇▇▇ ▇▇▇ assets in favor of any the Borrower Party 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 a the Borrower Partyin 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 a the Borrower Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, then to the extent of such payment or repayment, the Obligation or part thereof which had has been paid, reduced or satisfied by the amount so repaid, will repaid shall be reinstated by the amount so repaid and will shall be included within the liabilities of such the Borrower Party to such Lender Bank as of the date such initial payment, reduction or satisfaction occurred.. 109 111