Common use of Reinstatement; Certain Payments Clause in Contracts

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 13 contracts

Sources: Financing Agreement (Xponential Fitness, Inc.), Financing Agreement (Xponential Fitness, Inc.), Financing Agreement (Xponential Fitness, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 10 contracts

Sources: Credit Agreement (Boxlight Corp), Credit Agreement (Boxlight Corp), Credit Agreement (Stronghold Digital Mining, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon any the Agent or any Lender for repayment or recovery of any amount or amounts received by such the Agent or such Lender in payment or on account of any of the Obligations, such the Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such the Agent or such Lender.

Appears in 9 contracts

Sources: Financing Agreement (Composite Technology Corp), Supplemental Indenture (All Star Gas Corp), Financing Agreement (Columbus McKinnon Corp)

Reinstatement; Certain Payments. If any claim is ever made upon any the Agent or any Lender for repayment or recovery of any amount or amounts received by such the Agent or such Lender in payment or on account of any of the Obligations, such the Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such the Agent or such Lender.

Appears in 8 contracts

Sources: Financing Agreement (Life Sciences Research Inc), Financing Agreement (Gerber Scientific Inc), Financing Agreement (Ahl Services Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any the Agent or any Lender Holder for repayment or recovery of any amount or amounts received by such the Agent or such Lender Holder in payment or on account of any of the Obligations, such the Agent or such Lender Holder shall give prompt notice of such claim to each other Agent and Lender Holder and the Administrative BorrowerIssuer, and if such the Agent or such Lender Holder repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such the Agent or such Lender Holder or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agent or such Lender Holder with any such claimant, then and in such event each Loan Party Obligor agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Note Documents or the termination of this Agreement or the other Loan Note Documents, and (B) it shall be and remain liable to such the Agent or such Lender Holder hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such the Agent or such LenderHolder.

Appears in 6 contracts

Sources: Securities Purchase Agreement (FriendFinder Networks Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 3 contracts

Sources: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC), Credit Agreement (Idleaire Technologies Corp)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or Agent, such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 3 contracts

Sources: Financing Agreement (Gametech International Inc), Financing Agreement (Magnetek Inc), Financing Agreement (Progressive Gaming International Corp)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Secured Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and to, as applicable, Agent, Lender and the Administrative BorrowerGrantor, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party Grantor agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 2 contracts

Sources: Engine and Spare Parts Security Agreement (Hawaiian Holdings Inc), Security Agreement (Hawaiian Holdings Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 2 contracts

Sources: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)

Reinstatement; Certain Payments. If any claim is ever made upon any the Agent or any Lender for repayment or recovery of any amount or amounts received by such the Agent or such Lender in payment or on account of any of the Obligations, such the Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such the Agent or such Lender.

Appears in 2 contracts

Sources: Financing Agreement (Wmi Holdings Corp.), Financing Agreement (Washington Mutual, Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent the Lenders or any Lender Agents for repayment or recovery of any amount or amounts received by such Agent the Lenders or such Lender Agents in payment or received on account of any of the Obligations, such Agent the Lenders or such Lender Agents shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent the Lenders or such Lender repays Agents repay all or part of such amount by reason of (i) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over such Agent the Lenders or such Lender Agents or any of its their respective property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent the Lenders or such Lender Agents with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder instrument evidencing the Obligations or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent the Lenders or such Lender Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent the Lenders or such LenderAgents.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (Overhill Farms Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any #97100791v3 Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 1 contract

Sources: Financing Agreement (Xponential Fitness, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender Holder for repayment or recovery of any amount or amounts received by such Agent or such Lender Holder in payment or on account of any of the Obligations, such Agent or such Lender Holder shall give prompt notice of such claim to each other Agent and Lender Holder and the Administrative BorrowerIssuer, and if such Agent or such Lender Holder repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender Holder or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender Holder with any such claimant, then and in such event each Loan Party the Issuer agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Note Documents or the termination of this Agreement or the other Loan Note Documents, and (B) it shall be and remain liable to such Agent or such Lender Holder hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such LenderHolder.

Appears in 1 contract

Sources: Senior Secured Post Petition Note Purchase Agreement (Anchor Glass Container Corp /New)

Reinstatement; Certain Payments. If any claim is ever made upon any the Agent or any Lender for repayment or recovery of any amount or amounts received by such the Agent or such Lender in payment or on account of any of the Obligations, such the Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent the Agent, or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such the Agent or such Lender.

Appears in 1 contract

Sources: Credit Agreement (Deep Down, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any KL2 3287103.6 ​ such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 1 contract

Sources: Credit Agreement (Boxlight Corp)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender Banks for repayment or recovery of any amount or amounts received by such Agent or such Lender any Banks in payment or on account of any of the ObligationsObligations under this Agreement, such Agent or such Lender Bank shall give prompt notice of such claim to each other Agent Bank and Lender and the Administrative Borrower, and if such Agent Agent, or such Lender any Bank repays all or part of such said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender Agent, the Banks or any of its property, their property or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party event, Borrower agrees that (Aa) any such judgment, decree, order, settlement or compromise shall be binding upon it Borrower notwithstanding the cancellation of any Indebtedness hereunder Note or other instrument evidencing the Obligations under this Agreement or the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (Bb) it shall be and remain liable to such Agent or such Lender and the Banks hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lenderand the Banks.

Appears in 1 contract

Sources: Senior Subordinated Note Agreement (Brothers Gourmet Coffees Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or Agent, such Lender in payment or on account of any of the Obligations, such Agent or Agent, such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or Agent, such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or Agent, such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or Agent, such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or Agent, such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or Agent, such Lender.

Appears in 1 contract

Sources: Financing Agreement (Dice Holdings, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative BorrowerParent, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative Administrative body having jurisdiction over such Agent or such Lender or any of its their property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder Note or under other instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 1 contract

Sources: Financing Agreement (High Voltage Engineering Corp)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender Lender, as applicable, shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or and such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 1 contract

Sources: Financing Agreement (Russ Berrie & Co Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or Agent, such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 1 contract

Sources: Financing Agreement (Compass Group Diversified Holdings LLC)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender Secured Creditor, for repayment or recovery of any amount or amounts received by such Agent or such Lender Secured Creditor, in payment or on account of any of the Secured Obligations, such Agent or such Lender Secured Creditor shall give prompt notice of such claim to each other Agent and Lender Secured Creditor and the Administrative BorrowerPledgors, and if such Agent or such Lender Secured Creditor repays all or part of such amount by reason of (ia) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender Secured Creditor, or any of its property, property or (iib) any good faith settlement or compromise of any such claim effected by such Agent or such Lender Secured Creditor with any such claimant, then and in such event then, each Loan Party Pledgor agrees that (Ai) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (Bii) it shall be and remain liable to such Agent or such Lender Secured Creditor hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such LenderSecured Creditor.

Appears in 1 contract

Sources: Pledge Agreement (Silicon Graphics Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and other Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 1 contract

Sources: Financing Agreement (Modtech Holdings Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any Administrative Agent or any Lender for repayment or recovery of any amount or amounts received by such Administrative Agent or such Lender in payment or on account of any of the Obligations, such Administrative Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Administrative Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Administrative Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Administrative Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Administrative Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Administrative Agent or such Lender.

Appears in 1 contract

Sources: Credit Agreement (Progressive Gaming International Corp)

Reinstatement; Certain Payments. If any claim is ever made upon any the Agent or any Lender the Lenders for repayment or recovery of any amount or amounts received by such the Agent or such Lender the Lenders in payment or on account of any of the ObligationsObligations under this Agreement, such the Agent or such Lender the Lenders shall give prompt notice of such claim to each other Agent and Lender and the Administrative BorrowerBorrowers, and if such the Agent or such Lender the Lenders repays all or part of such said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such the Agent or such Lender the Lenders or any of its their property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agent or such Lender with any such claimant, then and in such event each Loan Party Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it the Borrowers notwithstanding the cancellation of any Indebtedness hereunder Note or other instrument evidencing the Obligations under this Agreement or the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such the Agent or such Lender the Lenders hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such the Agent or such Lenderthe Lenders.

Appears in 1 contract

Sources: Financing Agreement (Chic by H I S Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Secured Obligations, such Agent or such Lender shall give prompt notice of such claim to to, as applicable, Agent, each other Agent and Lender and the Administrative BorrowerGrantor, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party Grantor agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 1 contract

Sources: Security Agreement (Hawaiian Holdings Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any the Agent or any Lender for repayment or recovery of any amount or amounts received by such the Agent or such Lender in payment or on account of any of the Term Loan Obligations, such the Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or the Agents, such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agent or such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such the Agent or such Lender.

Appears in 1 contract

Sources: Term Loan Agreement (Anchor Glass Container Corp /New)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (ia) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property, or (iib) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (Ax) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (By) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 1 contract

Sources: Financing Agreement (Westmoreland Resource Partners, LP)

Reinstatement; Certain Payments. If any claim is ever made upon any the Agent or any Lender or for repayment or recovery of any amount or amounts received by such the Agent or such Lender in payment or on account of any of the Obligations, such the Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such the Lender.

Appears in 1 contract

Sources: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its their property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness Debt hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such Lender.

Appears in 1 contract

Sources: Credit Agreement (Pen Holdings Inc)

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender Purchaser for repayment or recovery of any amount or amounts received by such Agent or such Lender Purchaser in payment or on account of any of the Obligations, such Agent or such Lender Purchaser shall give prompt notice of such claim to each other Agent and Lender Purchaser and the Administrative BorrowerIssuer, and if such Agent or such Lender Purchaser repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender Purchaser or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent or such Lender Purchaser with any such claimant, then and in such event each Loan Issuer Party agrees that that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Purchase Documents or the termination of this Agreement or the other Loan Purchase Documents, and (B) it shall be and remain liable to such Agent or such Lender Purchaser hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Agent or such LenderPurchaser.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Progressive Gaming International Corp)