Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or the Agents for repayment or recovery of any amount or amounts received by the Lenders or the Agents in payment or received on account of any of the Obligations, the Lenders or the Agents shall give prompt notice of such claim to the Administrative Borrower, and if the Lenders or the Agents repay all or part of such amount by reason of (a) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders or the Agents or any of their respective property, or (b) compliance by the Lenders or the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or the Agents, then and in such event the Credit Parties agree that (i) any such judgment, decree or order shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (ii) it shall be and remain liable to the Lenders or the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders or the Agents.
Appears in 2 contracts
Sources: Revolving Credit Agreement (James River Coal CO), Term Credit Agreement (James River Coal CO)
Reinstatement; Certain Payments. If any claim is ever made upon the Lenders Secured Parties or the Agents for repayment or recovery of any amount or amounts received by the Lenders Secured Parties or the Agents in payment or received on account of any of the Obligations, the Lenders Secured Parties or the Agents shall give prompt notice of such claim to the Administrative Borrower, and if the Lenders Secured Parties or the Agents repay all or part of such amount by reason of (a) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders Secured Parties or the Agents or any of their respective property, or (b) compliance by the Lenders Secured Parties or the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders Secured Parties or the Agents, then and in such event the Credit Parties agree Borrower agrees that (i) any such judgment, decree or order shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (ii) it shall be and remain liable to the Lenders Secured Parties or the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders Secured Parties or the Agents.
Appears in 2 contracts
Sources: Credit Agreement (Global Power Equipment Group Inc/), Credit Agreement (Global Power Equipment Group Inc/)
Reinstatement; Certain Payments. If any claim is ever made upon the Lenders Agents or the Agents Lenders for repayment or recovery of any amount or amounts received by the Lenders Agents or the Agents Lenders in payment or received on account of any of the ObligationsObligations under this Agreement, the Lenders Agents or the Agents Lenders shall give prompt notice of such claim to each other Lender and the Administrative BorrowerL/C Issuer, the Company and the Borrowers, and if the Lenders Agents or the Agents repay Lenders repays all or part of such said amount by reason of (ai) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders Agents or the Agents Lenders or any of their respective property, or (bii) compliance any good faith settlement or compromise of any such claim effected by the Lenders Agents or the Agents Lenders with any requirement of a Governmental Authority having jurisdiction over the Lenders or the Agentssuch claimant, then and in such event the Credit Parties agree Company and each Borrower agrees that (iA) any such judgment, decree decree, order, settlement or order compromise shall be binding upon it the Company and the Borrowers notwithstanding the cancellation of any 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 (iiB) it shall be and remain liable to the Agents and the Lenders or the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders Agents or the AgentsLenders.
Appears in 1 contract
Reinstatement; Certain Payments. If any claim is ever made upon the Lenders Secured Creditors or the Agents for repayment or recovery of any amount or amounts received by the Lenders Secured Creditors or the Agents in payment or received on account of any of the Obligations, the Lenders Secured Creditors or the Agents shall give prompt notice of such claim to the Administrative BorrowerBorrowers, and if the Lenders Secured Creditors or the Agents repay all or part of such amount by reason of (a) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders Secured Creditors or the Agents or any of their respective property, or (b) compliance by the Lenders Secured Creditors or the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders Secured Creditors or the Agents, then and in such event the Credit Parties Borrowers agree that (i) any such judgment, decree or order shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (ii) it shall be and remain liable to the Lenders Secured Creditors or the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders Secured Creditors or the Agents.
Appears in 1 contract
Sources: Senior Secured Credit Agreement (Silicon Graphics Inc)
Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or the Agents for repayment or recovery of any amount or amounts received by the Lenders or the Agents in payment or received on account of any of the Obligations, the Lenders or the Agents shall give prompt notice of such claim to the Administrative Borrower, and if the Lenders or the Agents repay all or part of such amount by reason of (a) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders or the Agents or any of their respective property, or (b) compliance by the Lenders or the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or the Agents, then and in such event the Credit Parties agree that (i) any such judgment, decree or order shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (ii) it shall be and remain liable to the Lenders or the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders or the Agents.. 115
Appears in 1 contract
Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or the Agents for repayment or recovery of any amount or amounts received by the Lenders or the Agents in payment or received on account of any of the Obligations, the Lenders or the Agents shall give prompt notice of such claim to the Administrative Borrower, and if the Lenders or the Agents repay all or part of such amount by reason of (ai) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders or the Agents or any of their respective property, or (bii) compliance by the Lenders or the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or the Agents, then and in such event the Credit Parties agree Borrower agrees that (iA) any such judgment, decree or order shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (iiB) it shall be and remain liable to the Lenders or the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders or the Agents.
Appears in 1 contract
Sources: Senior Secured Credit Agreement (Oppenheimer Holdings Inc)
Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or the Agents for repayment or recovery of any amount or amounts received by the Lenders or the Agents in payment or received on account of any of the Obligations, the Lenders or the Agents shall give prompt notice of such claim to the Administrative Borrower, and if the Lenders or the Agents repay all or part of such amount by reason of (a) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders or the Agents or any of their respective property, or (b) compliance by the Lenders or the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or the Agents, then and in such event the Credit Parties agree that (i) any such judgment, decree or order shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (ii) it shall be and remain liable to the Lenders or the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders or the Agents.
Appears in 1 contract
Sources: Superpriority Debtor in Possession Credit Agreement (James River Coal CO)
Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or the Agents (or any of them) for repayment or recovery of any amount or amounts received by the Lenders or the Agents (or any of them) in payment or received on account of any of the Obligations, the Lenders or the Agents shall give prompt notice of such claim to the Administrative BorrowerBorrowers, and if the such Lenders or the such Agents repay all or part of such amount by reason of (ai) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders or the such Lenders, such Agents or any of their respective property, or (bii) compliance any good faith settlement or compromise of any such claim effected by the such Lenders or the such Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or the Agentssuch claimant, then and in such event the Credit Parties agree Borrowers agree, jointly and severally, that (iA) any such judgment, decree decree, order, settlement or order compromise shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the any other Loan DocumentsDocument, and (iiB) it the Borrowers shall be and remain jointly and severally liable to the Lenders or the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders or the AgentsAgents (or any of them, as the case may be).
Appears in 1 contract
Sources: Credit Agreement (Avado Brands Inc)
Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or the Agents (or any of them) for repayment or recovery of any amount or amounts received by the Lenders or the Agents (or any of them) in payment or received on account of any of the Obligations, the Lenders or the Agents shall give prompt notice of such claim to the Administrative BorrowerBorrowers, and if the such Lenders or the such Agents repay all or part of such amount by reason of (ai) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders or the such Lenders, such Agents or any of their respective property, or (bii) compliance any good faith settlement or compromise of any such claim effected by the such Lenders or the such Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or the Agentssuch claimant, then and in such event the Credit Parties agree Borrowers agree, jointly and severally, that (iA) any such judgment, decree decree, order, settlement or order compromise shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of the Commitments, this Agreement or the any other Loan DocumentsDocument, and (iiB) it the Borrowers shall be and remain jointly and severally liable to the Lenders or the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders or the AgentsAgents (or any of them, as the case may be).
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