Common use of Payment Set Aside Clause in Contracts

Payment Set Aside. To the extent that any of the Credit Parties makes a payment or payments to the Agent, the Holders or the Lenders hereunder or pursuant to any of the other Transaction Documents or the Agent, the Holders or the Lenders enforce or exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit Parties, a trustee, receiver or any other Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that any of the Credit Parties Company makes a payment or payments to the Agent, the Holders or the Lenders Buyer hereunder or pursuant to the Note or any of the other Transaction Documents agreement, certificate, instrument or document contemplated hereby or thereby, or the Agent, the Holders Buyer enforces or the Lenders enforce or exercise their exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, or set aside, recovered from, or disgorged by the Buyer, or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesCompany, a trustee, receiver or any other Person person or entity under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that the Company and/or any of the Credit Parties its Subsidiaries makes a payment or payments to the Agent, the Holders or the Lenders Buyers hereunder or pursuant to any of the other Transaction Documents or the Agent, the Holders or the Lenders Buyers enforce or exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesCompany, a trustee, receiver or any other Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that the Company or any of the Credit Parties Subsidiaries makes a payment or payments to the Agent, the Holders or the Lenders Buyers hereunder or pursuant to the Certificate of Designations or under any of the other Transaction Documents or the Agent, the Holders or the Lenders Buyers enforce or exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesCompany or such Subsidiary, by a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that any of the Credit Parties Purchaser or the Company (in such capacity, the “Payor”) makes a payment or payments to the Agentother (in such capacity, the Holders or the Lenders hereunder or “Payee”) pursuant to any of the other Transaction Documents Document or the Agent, the Holders Purchaser enforces or the Lenders enforce or exercise their exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesPayor, a trustee, receiver or any other Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that any of the Credit Parties Company or the Shareholder makes a payment or payments to the Agent, Investor or the Holders or the Lenders hereunder or pursuant to any of the other Transaction Documents or the Agent, Investor or the Holders or the Lenders enforce or exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesCompany or the Shareholder, as applicable, a trustee, receiver or any other Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that any of the Credit Parties Company makes a payment or payments to the Agent, the Holders or the Lenders Buyer hereunder or pursuant to the Warrants or any of the other Transaction Documents agreement, certificate, instrument or document contemplated hereby or thereby, or the Agent, the Holders Buyer enforces or the Lenders enforce or exercise their exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesCompany, a trustee, receiver or any other Person person or entity under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that the Company or any of the Credit Parties its Subsidiaries makes a payment or payments to the Agenta Buyer pursuant to this Agreement, the Holders Notes, the Shares, the Guaranty or the Lenders hereunder or pursuant to any of the other Transaction Documents Document or the Agent, the Holders a Buyer enforces or the Lenders enforce or exercise their exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or any of the Credit Partiesits Subsidiaries, by a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that the Company or any of the Credit Parties Subsidiaries makes a payment or payments to the Agenta Buyer pursuant to this Agreement, the Holders Sub Notes, the Guaranty or the Lenders hereunder or pursuant to any of the other Transaction Documents Document or the Agent, the Holders a Buyer enforces or the Lenders enforce or exercise their exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or any of the Credit PartiesSubsidiaries, by a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that the Company or any of the Credit Parties Subsidiaries makes a payment or payments to the Agenta Buyer pursuant to this Agreement, the Holders Notes, the Guaranty or the Lenders hereunder or pursuant to any of the other Transaction Documents Document or the Agent, the Holders a Buyer enforces or the Lenders enforce or exercise their exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or any of the Credit PartiesSubsidiaries, by a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that the Company or any of the Credit Parties Subsidiaries makes a payment or payments to the AgentBuyers pursuant to this Agreement, the Holders Notes or the Lenders hereunder any other Transaction Document or pursuant to any of the other Transaction Documents Buyers enforces or the Agent, the Holders or the Lenders enforce or exercise their exercises rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or any of the Credit PartiesSubsidiaries, by a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then then, to the extent of any such restoration restoration, the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that any of the Credit Parties makes a payment or payments are made to the Agent, the Holders or the Lenders any Purchaser hereunder or pursuant to under the Securities, any notes issued in exchange for any Securities or such Purchaser enforces its rights or exercises its right of the other Transaction Documents or the Agent, the Holders or the Lenders enforce or exercise their rights setoff hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit Partiessuch payor, a trustee, receiver or any other Person under any law law, statute, rule or regulation (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that the Company or any of the Credit Parties its Subsidiaries makes a payment or payments to the Agenta Buyer pursuant to this Agreement, the Holders Investors’ Rights Agreement, the Shares, or the Lenders hereunder or pursuant to any of the other Transaction Documents Document or the Agent, the Holders a Buyer enforces or the Lenders enforce or exercise their exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or any of the Credit Partiesits Subsidiaries, by a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that any of the Credit Parties makes a payment or payments to the Agent, the Holders or the Lenders hereunder or pursuant to any of the other Transaction Documents or the Agent, the Holders or the Lenders enforce or exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be US_142815097 fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit Parties, a trustee, receiver or any other Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that any of the Credit Parties Pledgor makes a payment or payments to the Agent, the Holders any Lender or the Lenders Agent hereunder or pursuant to under the Notes or any of the other Transaction Documents Loan Document or the Agent, the Holders any Lender or the Lenders enforce Agent enforces its security interests or exercise their rights or exercises its right or setoff hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesPledgor, a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall and all Liens created under this Agreement will 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.

Payment Set Aside. To the extent that any of the Credit Parties Company makes a ----------------- payment or payments to the Agent, the Holders or the Lenders any Purchaser hereunder or pursuant to any of the other Transaction Documents Registration Rights Agreement, the Convertible Notes or the AgentWarrants, the Holders or the Lenders Purchasers enforce or exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesCompany, a trustee, receiver or any other Person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGES FOLLOW]

Payment Set Aside. To the extent that any of the Credit Parties Company makes a payment or payments to the Agent, the Holders or the Lenders any Buyer hereunder or pursuant to any the Registration Rights Agreement, the Articles of the other Transaction Documents Amendment or the Agent, the Holders Warrants or the Lenders enforce such Buyer enforces or exercise their exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit Parties, Company or to a trustee, receiver or any other Person person under any law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then then, to the extent of any such restoration restoration, the obligation or part thereof originally intended to be 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.. * * * * * *

Payment Set Aside. To the extent that any of Holdings or the Credit Parties Company or any other obligor makes a payment or payments to the Agent, the Holders or the Lenders Purchasers hereunder or pursuant to any of under the Notes or other Transaction Documents or the Agent, the Holders or the Lenders Purchasers enforce their rights or exercise their rights right of setoff hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of Holdings or the Credit PartiesCompany or any other Investee, a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that the Company or any of the Credit Parties Subsidiaries makes a payment or payments to the AgentBuyers pursuant to this Agreement, the Holders Bridge Notes, the Bridge Guaranty or any other Transaction Document or the Lenders hereunder or pursuant to any of the other Transaction Documents or the Agent, the Holders or the Lenders Buyers enforce or exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or any of the Credit PartiesSubsidiaries, by a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then then, to the extent of any such restoration restoration, the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that the Company or any of the Credit Parties Subsidiaries makes a payment or payments to the AgentBuyers pursuant to this Agreement, the Holders Notes, the Subsidiary Guaranty or any other Transaction Document or the Lenders hereunder or pursuant to any of the other Transaction Documents or the Agent, the Holders or the Lenders Buyers enforce or exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or any of the Credit PartiesSubsidiaries, by a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then then, to the extent of any such restoration restoration, the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that any of the Credit Parties Borrower makes a payment or payments to the Agent, the Holders any Lender or the Lenders Agent hereunder or pursuant to under the Notes or any of the other Transaction Documents Loan Document or the Agent, the Holders any Lender or the Lenders enforce Agent enforces its security interests or exercise their rights or exercises its right or setoff hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesBorrower, a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall and all Liens created under the Collateral Agreements will 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.

Payment Set Aside. To the extent that the Company or any of the Credit Parties its Subsidiaries makes a payment or payments to the Agenta Buyer pursuant to this Agreement, the Holders Notes, the Guaranty or the Lenders hereunder or pursuant to any of the other Transaction Documents Document or the Agent, the Holders a Buyer enforces or the Lenders enforce or exercise their exercises its rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or any of the Credit Partiesits Subsidiaries, by a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be 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.

Payment Set Aside. To the extent that any of the Credit Parties Grantor makes a payment or payments to the Agent, the Holders Agent or the Lenders any Lender hereunder or pursuant to under the Notes or any of the other Transaction Documents Loan Document or the Agent, the Holders any Lender or the Lenders enforce Agent enforces its security interests or exercise their rights or exercises its right or setoff hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to any of the Credit PartiesGrantor, a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall and all Liens created under this Agreement will 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.

Payment Set Aside. To the extent that the Company, any of the Credit Parties its Subsidiaries or any other obligor makes a payment or payments to the Agent, the Holders Purchasers hereunder or under other agreements contemplated hereby or the Lenders hereunder or pursuant to any of the other Transaction Documents or the Agent, the Holders or the Lenders Purchasers enforce their rights or exercise their rights right of setoff hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company, any of the Credit Partiesits Subsidiaries, a trustee, receiver or any other Person under any law (including, without limitation, including any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued shall continue in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.