Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 38 contracts
Sources: Credit Agreement (Green Mountain Coffee Roasters Inc), Credit Agreement (Gottschalks Inc), Credit Agreement (Gottschalks Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against any Borrower for liquidation or reorganization, should any Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of any Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 33 contracts
Sources: Credit Agreement (Inverness Medical Innovations Inc), Credit Agreement (Green Mountain Coffee Inc), Credit Agreement (Odyssey Healthcare Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Credit Party for liquidation or reorganization, should Borrower any Credit Party become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrowerany Credit Party's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 32 contracts
Sources: Credit Agreement (Otelco Inc.), Credit Agreement (Thermadyne Holdings Corp /De), Credit Agreement (Coffeyville Resources, Inc.)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrowerany Grantor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 30 contracts
Sources: Security Agreement (Unova Inc), Credit Agreement (Butler International Inc /Md/), Security Agreement (New Cf&i Inc)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 28 contracts
Sources: Security Agreement (Pinstripes Holdings, Inc.), Pledge and Security Agreement (Banyan Acquisition Corp), Pledge and Security Agreement (FlexEnergy Green Solutions, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against any Borrower for liquidation or reorganization, should any Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of any Borrower's ’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 15 contracts
Sources: Loan Agreement (Asta Funding Inc), Loan Agreement (Asta Funding Inc), Credit Agreement (Standard Motor Products Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Loan Party for liquidation or reorganization, should Borrower any Loan Party become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's such Loan Party’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawApplicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 14 contracts
Sources: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.), Credit Agreement (Clean Harbors Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Pledgor for liquidation or reorganization, should Borrower Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of BorrowerPledgor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Secured Obligations, whether as a "voidable preference," ", "fraudulent conveyance," ", or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 12 contracts
Sources: Pledge Agreement (Local Matters Inc.), Pledge Agreement (Local Matters Inc.), Pledge Agreement (Local Matters Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 12 contracts
Sources: Credit Agreement (Horizon Global Corp), Credit Agreement (Horizon Global Corp), Guarantee and Collateral Agreement (Ultra Clean Holdings, Inc.)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Debtor for liquidation or reorganization, should Borrower any Debtor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Debtor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 11 contracts
Sources: Security Agreement (Sack Lunch Productions Inc.), Senior Secured Credit Facility Agreement (Drone USA Inc.), Security Agreement (Grow Solutions Holdings, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's ’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 10 contracts
Sources: Credit Agreement (Chuy's Holdings, Inc.), Credit Agreement (Analysts International Corp), Credit Agreement (Great American Group, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Borrowers for liquidation or reorganization, should Borrower Borrowers become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver, interim receiver, receiver and manager or trustee be appointed for all or any significant part of Borrower's Borrowers’ assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 10 contracts
Sources: Revolving Loan Credit Agreement (XPO, Inc.), Revolving Loan Credit Agreement (XPO Logistics, Inc.), Revolving Loan Credit Agreement (XPO Logistics, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's such Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 9 contracts
Sources: Intellectual Property Security Agreement (Baudax Bio, Inc.), Intellectual Property Security Agreement (Adma Biologics, Inc.), Credit and Security Agreement (Biovest International Inc)
Reinstatement. This Pledge Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Pledgor for liquidation or reorganization, should Borrower any Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Pledgor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Secured Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” “fraudulent transfer” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 8 contracts
Sources: Revolving Credit Agreement (Maximus Inc), Revolving Credit Agreement (Heico Corp), Revolving Credit and Term Loan Agreement (Strayer Education Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver, interim receiver, receiver and manager or trustee be appointed for all or any significant part of Borrower's ’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the ObligationsObligations hereunder, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the ObligationsObligations hereunder, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations hereunder shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 8 contracts
Sources: Refinancing Amendment (XPO, Inc.), Revolving Credit Agreement (XPO, Inc.), Credit Agreement (Forward Air Corp)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Obligor for liquidation or reorganization, should Borrower any Obligor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's such Obligor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawApplicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 7 contracts
Sources: Loan and Security Agreement (Callaway Golf Co), Loan and Security Agreement (Radiant Logistics, Inc), Subordination Agreement (Radiant Logistics, Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Grantor for liquidation or reorganization, should Borrower Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time time, payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 6 contracts
Sources: Cryptocurrency Security Agreement, Cryptocurrency Security Agreement, Cryptocurrency Security Agreement
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for of the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 6 contracts
Sources: Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Wilsons the Leather Experts Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Grantor for liquidation or reorganization, should Borrower Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of BorrowerGrantor's property and assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 6 contracts
Sources: Security Agreement (Advance Nanotech, Inc.), Security Agreement (Somanta Pharmaceuticals Inc.), Security Agreement (Neuro Bioscience Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should if any petition be or other proceeding is filed by or against the Borrower or any other Obligor for liquidation or reorganization, should or if the Borrower become or any other Obligor becomes insolvent or make makes an assignment for the benefit of any creditor or creditors creditors, or should a if an interim receiver, receiver, receiver and manager or trustee be appointed for all or any significant part of Borrower's assetsthe Property of the Borrower or any other Obligor, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligationsobligations hereunder or under the other Loan Documents, or any part thereof, is, pursuant to applicable lawApplicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligationssuch obligations, whether as a "voidable fraudulent preference," "fraudulent conveyance," , a reviewable transaction, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations obligations hereunder and under the other Loan Documents shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 5 contracts
Sources: Credit Agreement (Agnico Eagle Mines LTD), Credit Agreement (Agnico Eagle Mines LTD), Credit Agreement (Agnico Eagle Mines LTD)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Grantor for liquidation or reorganization, should Borrower Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 5 contracts
Sources: Intellectual Property Security Agreement (Jagged Peak, Inc.), Intellectual Property Security Agreement (Rapid Link Inc), Intellectual Property Security Agreement (Applied Digital Solutions Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Loan Party for liquidation or reorganization, should Borrower any Loan Party become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's such Loan Party’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawLaw, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 5 contracts
Sources: Loan Agreement (Cooper-Standard Holdings Inc.), Loan Agreement (Cooper-Standard Holdings Inc.), Loan Agreement (Cooper-Standard Holdings Inc.)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Pledgor for liquidation or reorganization, should Borrower the Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's the Pledgor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 5 contracts
Sources: Security and Pledge Agreement (Beneficient Co Group, L.P.), Subordination Agreement (Beneficient Co Group, L.P.), Loan Agreement (GWG Holdings, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrowerany Grantor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 5 contracts
Sources: Intellectual Property Security Agreement (Barneys New York Inc), Security Agreement (Osullivan Industries Holdings Inc), Security Agreement (Penhall International Corp)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Loan Party for liquidation or reorganizationan Insolvency Proceeding, should Borrower any Loan Party become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee Creditor Representative be appointed for all or any significant part of Borrower's such Loan Party’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawApplicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 5 contracts
Sources: Abl Credit Agreement (WillScot Holdings Corp), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Grantor for liquidation or reorganization, should Borrower the Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's the Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 5 contracts
Sources: Exchange Agreement, Pledge Agreement (Magellan Petroleum Corp /De/), Exchange Agreement (Magellan Petroleum Corp /De/)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Grantor for liquidation or reorganization, should Borrower Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee or similar Person be appointed for all or any significant part of BorrowerGrantor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," ", "fraudulent conveyance," ", or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 4 contracts
Sources: Security Agreement (Baldwin Piano & Organ Co /De/), Security Agreement (Blount International Inc), Security Agreement (Blount International Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Pledgor for liquidation or reorganization, should Borrower Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of BorrowerPledgor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," ", "fraudulent conveyance," ", or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 4 contracts
Sources: Pledge Agreement (Beacon Power Corp), Pledge Agreement (Beacon Power Corp), Pledge Agreement (Beacon Power Corp)
Reinstatement. This Agreement shall remain in full force and effect ------------- and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 4 contracts
Sources: Credit Agreement (Peets Coffee & Tea Inc), Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Callaway Golf Co /Ca)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment payments and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee oblige of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 4 contracts
Sources: Pledge and Security Agreement (Acuren Corp), Pledge and Security Agreement (APi Group Corp), Pledge and Security Agreement (Element Solutions Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against the Borrower for liquidation or reorganization, should the Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of the Borrower's ’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawLaw, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, in respect of the Obligations is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 4 contracts
Sources: Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Grantor for liquidation or reorganization, should Borrower Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of BorrowerGrantor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 4 contracts
Sources: Intellectual Property Security Agreement (Liraz Systems LTD), Security Agreement (Concepts Direct Inc), Security Agreement (Concepts Direct Inc)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Pledgor for liquidation or reorganization, should Borrower any Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Pledgor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Subordination Agreement (Beneficient Co Group, L.P.), Security and Pledge Agreement (Beneficient Co Group, L.P.), Subordination Agreement (Beneficient Co Group, L.P.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Credit Party for liquidation or reorganization, should Borrower any Credit Party become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assetsany Credit Party’s assets or properties, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Credit Agreement (Curative Health Services Inc), Credit Agreement (Medical Staffing Network Holdings Inc), Credit Agreement (Medical Staffing Network Holdings Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective against each Grantor should any petition be filed by or against Borrower such Grantor for liquidation or reorganization, should Borrower such Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's such Grantor’s property and assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and or performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, avoided, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Secured Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is avoided, rescinded, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so avoided, rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Security Agreement (Lee Enterprises, Inc), Security Agreement (Lee Enterprises, Inc), Security Agreement (Lee Enterprises, Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Note Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Note Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Note Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Security Agreement (Neff Corp), Security Agreement (Neff Rental LLC), Security Agreement (Neff Finance Corp.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Issuer for liquidation or reorganization, should Borrower the Issuer become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's the Issuer’s assets, and . This Agreement shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any such payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Security Agreement (Bloom Energy Corp), Security Agreement (Bloom Energy Corp), Security Agreement
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Pledgor for liquidation or reorganization, should Borrower the Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any the Pledgor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawLaw, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Parent Guarantee and Pledge Agreement (CoreWeave, Inc.), Parent Guarantee and Pledge Agreement (CoreWeave, Inc.), Parent Guarantee and Pledge Agreement (CoreWeave, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Parent for liquidation or reorganization, should Borrower Parent become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Parent’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Parent Guaranteed Obligations, or any part thereof, is, pursuant to applicable lawApplicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Parent Guaranteed Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Parent Guaranteed Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Pledge and Guaranty Agreement (Sezzle Inc.), Pledge and Guaranty Agreement (Sezzle Inc.), Pledge and Guaranty Agreement (Sezzle Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Pledgor for liquidation or reorganization, should Borrower Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Pledgor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawApplicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Partnership Interest Pledge Agreement, Partnership Interest Pledge Agreement (PSS World Medical Inc), Stock Pledge Agreement (PSS World Medical Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for insolvency, administration, liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver receiver, administrator or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawApplicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Foreign Facility Guarantee and Collateral Agreement, Second Lien Term Loan Credit Agreement (Horizon Global Corp), Foreign Facility Guarantee and Collateral Agreement (Horizon Global Corp)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against any Borrower for liquidation or reorganization, should any Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of any Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," ", "fraudulent conveyance," ", or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Revolving Credit Loan Agreement (Sundance Homes Inc), Revolving Credit Loan Agreement (Sundance Homes Inc), Revolving Credit Loan Agreement (Sundance Homes Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Pledgor for liquidation or reorganization, should Borrower Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of BorrowerPledgor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Secured Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returnedresumed, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Pledge Agreement (Wilsons the Leather Experts Inc), Pledge Agreement (Wilsons the Leather Experts Inc), Pledge Agreement (Wilsons the Leather Experts Inc)
Reinstatement. This Agreement shall remain in full force and ------------- effect and continue to be effective should any petition be filed by or against any Borrower for liquidation or reorganization, should any Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of any Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Credit Agreement (American Eco Corp), Credit Agreement (Intercept Group Inc), Credit Agreement (Bon Ton Stores Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower a Pledgor for liquidation or reorganization, should Borrower a Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors creditors, or should a receiver or trustee be appointed for all or any significant part of Borrower's a Pledgor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Note Purchase Agreement (China SLP Filtration Technology, Inc.), Stock Pledge Agreement (China Agricorp, Inc), Stock Pledge Agreement (Perpetual Technologies, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Company for liquidation or reorganization, should Borrower the Company become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrowerthe Company's property and assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligationsobligations under this Agreement and the Notes, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligationssuch obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations such obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Senior Secured Convertible Promissory Note Purchase Agreement (Amarantus BioSciences, Inc.), Senior Secured Convertible Promissory Note Purchase Agreement (Amarantus BioSciences, Inc.), Senior Secured Convertible Promissory Note Purchase Agreement (Jumpkicks, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's ’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Stock Pledge Agreement (Vado Corp.), Stock Pledge Agreement (Vado Corp.), Stock Pledge Agreement (Mdu Communications International Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Grantor or any Issuer for liquidation or reorganization, should Borrower Grantor or any Issuer become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Grantor’s or any Issuer’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Secured Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Guarantee and Collateral Agreement (Miller Energy Resources, Inc.), Guarantee and Collateral Agreement (Miller Energy Resources, Inc.), Guaranty and Collateral Agreement (Westell Technologies Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” “fraudulent transfer” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Security Agreement (Fortegra Financial Corp), Revolving Credit Agreement (Fortegra Financial Corp), Security Agreement (Fortegra Financial Corp)
Reinstatement. This The provisions of this Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower such Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assetssuch Grantor’s assets or should any other financial impairment occur, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and or performance of the ObligationsLender Indebtedness, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by to any obligee of the ObligationsLender Indebtedness, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored restored, or returned, the Obligations Lender Indebtedness shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Guaranty and Security Agreement (Aventine Renewable Energy Holdings Inc), Guaranty and Security Agreement (Aventine Renewable Energy Holdings Inc), Guaranty and Security Agreement (Aventine Renewable Energy Holdings Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against the Borrower for liquidation or reorganization, should the Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of the Borrower's ’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Grantor for liquidation or reorganization, should Borrower the Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's the Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawLaw, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Pledge and Security Agreement (CareView Communications Inc), Pledge and Security Agreement (CareView Communications Inc), Pledge and Security Agreement (CareView Communications Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Pledgor for liquidation or reorganization, should Borrower Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Pledgor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Membership Interest Pledge Agreement, Membership Interest Pledge Agreement (FNDS3000 Corp), Stock Pledge Agreement (Miller Industries Inc /Tn/)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's ’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the ObligationsSecured Liabilities, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the ObligationsSecured Liabilities, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations Secured Liabilities shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Subordination Agreement (NXT-Id, Inc.), Subordination Agreement (NXT-Id, Inc.), Subordination Agreement (NXT-Id, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower such Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's such Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Pledge and Security Agreement (Ann Inc.), Pledge and Security Agreement (Anntaylor Stores Corp), Securities Purchase Agreement (Center for Wound Healing, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Debtor for liquidation or reorganization, should Borrower Debtor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of BorrowerDebtor's property and assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligationsobligations secured hereby, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligationsobligations secured hereby, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations obligations secured hereby shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 3 contracts
Sources: Security Agreement (E Loan Inc), Security Agreement (E Loan Inc), Security Agreement (E Loan Inc)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Grantor for liquidation or reorganization, should Borrower the Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's the Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Pledge and Security Agreement (Verenium Corp), Security Agreement (Electroglas Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against any Borrower for liquidation or reorganization, should any Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of any Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (Akorn Inc), Credit Agreement (Akorn Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrowerany Grantor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, thereof is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (Rotech Healthcare Inc), Term Loan Credit Agreement (Rotech Healthcare Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Borrowers for liquidation or reorganization, should Borrower Borrowers become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver, interim receiver, receiver and manager or trustee be appointed for all or any significant part of Borrower's Borrowers’ assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Revolving Loan Credit Agreement (Visteon Corp), Revolving Loan Credit Agreement (Visteon Corp)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, thereof is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Debt Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Credit Party for liquidation or reorganization, should Borrower any Credit Party become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Credit Party’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” “fraudulent preference,” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (Thermadyne Holdings Corp /De), Credit Agreement (Thermadyne Holdings Corp /De)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Co-Borrowers for liquidation or reorganization, should Borrower Co-Borrowers become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Co-Borrowers' assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (JRC Acquisition Corp), Credit Agreement (JRC Acquisition Corp)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Secured Obligations, whether as a "voidable preference," ", "fraudulent conveyance," ", or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Eventures Group Inc), Securities Purchase Agreement (Autobond Acceptance Corp)
Reinstatement. This Agreement To the extent permitted by law, the provisions of this Article 6 shall remain in full force and effect and continue to be effective should in the event any petition be is filed by or against Borrower the Issuer or other Obligors for liquidation or reorganization, should Borrower become in the event the Issuer or any other Obligors becomes insolvent or make makes an assignment for the benefit of any creditor or creditors or should in the event a receiver or trustee be is appointed for all or any significant part of Borrower's assetsthe assets of the Issuer or any other Obligors, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, Guaranteed Obligations or any part thereof, thereof is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the ObligationsNoteholder, whether as a "voidable preference," ", "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any paymentpayment of the Guaranteed Obligations, or any part thereof, is rescinded, reduced, restored or returned, the Guaranteed Obligations or part thereof so rescinded, restored or returned shall be reinstated, and the Guaranteed Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Purchase Agreement (Horizon Offshore Inc), Purchase Agreement (Horizon Offshore Inc)
Reinstatement. This Agreement The provisions of this Section 11 shall remain in full force and effect and continue to be effective should any petition be filed by or against any Borrower for liquidation or reorganization, should any Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of any Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the ObligationsLender, whether as a "voidable preference," ", "fraudulent conveyance," ", or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Loan and Security Agreement (Centrum Industries Inc), Loan and Security Agreement (Transcat Inc)
Reinstatement. This Pledge and Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment payments and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee oblige of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Pledge and Security Agreement (MacDermid Group Inc.), Pledge and Security Agreement (MacDermid Group Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Grantor for liquidation or reorganization, should Borrower Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Security Agreement (Air T Inc), Security Agreement (Air T Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Member for liquidation or reorganization, should Borrower the Member become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver receiver, conservator or trustee be appointed for all or any significant part of Borrower's any the Member’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and or performance by Member of the ObligationsIndebtedness or obligations hereunder, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, Bank (whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise), all as though such payment or performance had not been made. In the event that any paymentpayment or performance by Member of the Indebtedness or obligations hereunder, or any part thereof, is so rescinded, reduced, restored or returned, then the Obligations shall be reinstated Indebtedness and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.obligations
Appears in 2 contracts
Sources: Agreement for Advances, Collateral Pledge and Security Agreement (VOYA RETIREMENT INSURANCE & ANNUITY Co), Agreement for Advances, Collateral Pledge and Security Agreement (Voya Financial, Inc.)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Grantor for liquidation or reorganization, should Borrower the Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrowerthe Grantor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the ObligationsLiabilities, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the ObligationsLiabilities, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations Liabilities shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Security Agreement (Barneys New York Inc), Security Agreement (Barneys New York Inc)
Reinstatement. This Agreement shall remain in ------------- full force and effect and continue to be effective should any petition be filed by or against Borrower the Pledgor for liquidation or reorganization, should Borrower the Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrowerthe Pledgor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," ", "fraudulent conveyance," ", or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such any amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Parent Guarantor Stock Pledge Agreement (American Eco Corp), Subsidiary Stock Pledge Agreement (American Eco Corp)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Grantor for liquidation or reorganization, should Borrower Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Grantor’s property and assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the ObligationsGrantor, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Intellectual Property Security Agreement (Borland Software Corp), Intellectual Property Security Agreement (Starbase Corp)
Reinstatement. This The provisions of this Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower such Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assetssuch Grantor’s assets or should any other financial impairment occur, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and or performance of the ObligationsNotes, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by to any obligee of the ObligationsNotes, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored restored, or returned, the Obligations Notes shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Security Agreement (Aventine Renewable Energy Holdings Inc), Security Agreement (Aventine Renewable Energy Holdings Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against any Borrower for liquidation or reorganization, should any Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of any Borrower's ’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations (and Agent’s Liens) shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (Devcon International Corp), Credit Agreement (Devcon International Corp)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Pledgor for liquidation or reorganization, should Borrower Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of BorrowerPledgor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Secured Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Loan Agreement (Bti Telecom Corp), Loan Agreement (Bti Telecom Corp)
Reinstatement. This Agreement shall remain in full force ------------- and effect and continue to be effective should any petition be filed by or against Borrower Pledgor for liquidation or reorganization, should Borrower Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of BorrowerPledgor's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Secured Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Pledge Agreement (Pharmaceutical Resources Inc), Pledge Agreement (Pharmaceutical Resources Inc)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors creditors, or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyancetransfer," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Guaranty and Security Agreement (Dixie Group Inc), Security Agreement (Ddi Corp)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance,transfer" or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Loan Agreement (Bti Telecom Corp), Loan Agreement (Bti Telecom Corp)
Reinstatement. This Guarantee and Collateral Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Loan Party for liquidation or reorganization, should Borrower any Loan Party become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any such Loan Party’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment payments and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Guarantee and Collateral Agreement (Cheniere Energy Inc), Guarantee and Collateral Agreement (Cheniere Energy Inc)
Reinstatement. This Participation Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any party hereto for liquidation or reorganization, should Borrower any party hereto become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assetsany party’s assets or properties, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligationsobligations hereunder, or any part thereof, is, pursuant to applicable lawLaw, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligationssuch obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations obligations hereunder shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Participation Agreement (H&r Block Inc), HSBC Refund Anticipation Loan and Ima Participation Agreement (H&r Block Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Secured Obligations, whether as a "voidable preference," "fraudulent conveyance," ", or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Security Agreement (Take Two Interactive Software Inc), Security Agreement (Take Two Interactive Software Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower Grantor for liquidation or reorganization, should Borrower Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's Grantor’s assets, and . This Agreement shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any such payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Collateral Agreement (Vickers Vantage Corp. I), Collateral Agreement (Sorrento Therapeutics, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Credit Party for liquidation or reorganization, should Borrower any Credit Party become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Credit Party’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwiseotherwise (including pursuant to any settlement entered into by a Secured Party in its discretion), all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (Sothebys), Credit Agreement (Sothebys)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Issuer for liquidation or reorganization, should Borrower the Issuer become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any of the Issuer’s assets, and . This Agreement shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawLaws, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” any settlement or compromise with any Person (including the Issuer) in respect of such payment or otherwise, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Convertible Note Facility Agreement (Eco-Stim Energy Solutions, Inc.), Convertible Note Facility Agreement (Eco-Stim Energy Solutions, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Pledgor or Issuer for liquidation or reorganization, should Borrower the Pledgor or Issuer become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrowerthe Pledgor's assets, assets or the assets of Issuer and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, thereof is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," ", "fraudulent conveyance," ", or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (Ace Cash Express Inc/Tx), Pledge and Security Agreement (Tidel Technologies Inc)
Reinstatement. This Agreement shall remain in full force and ------------- effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (Callaway Golf Co /Ca), Credit Agreement (Measurement Specialties Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Pledgor for liquidation or reorganization, should Borrower the Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors creditors, or should a receiver or trustee be appointed for all or any significant part of Borrower's the Pledgor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawApplicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Pledge Agreement (Fossil Inc), Pledge Agreement (Fossil Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the ObligationsIndebtedness, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the ObligationsIndebtedness, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations Indebtedness shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Guaranty and Pledge Agreement (Approach Resources Inc), Credit Agreement (Approach Resources Inc)
Reinstatement. This Security Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Debtor for liquidation or reorganization, should Borrower any Debtor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's such Debtor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Security Agreement (National Automation Services Inc), Security Agreement (National Automation Services Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Loan Document Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Loan Document Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Loan Document Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Term Credit Agreement (Ascena Retail Group, Inc.), Term Credit Agreement (Ascena Retail Group, Inc.)
Reinstatement. This Agreement The provisions of this Mortgage shall to the extent permitted by Applicable Law remain in full force and effect and continue to be effective should even if: (a) any petition be is filed by or against Borrower Owner Trustee for liquidation or reorganization, should Borrower become ; (b) Owner Trustee becomes insolvent or make makes an assignment for the benefit of any creditor or creditors or should creditors; (c) a receiver or trustee be is appointed for all or any significant part of Borrower's Owner Trustee’s assets, and shall continue to be effective ; or to be reinstated, as the case may be, if (d) at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawApplicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," transfer” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations and Mortgagee’s Liens in the Collateral shall be reinstated and deemed reduced only by such any amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (Willis Lease Finance Corp), Credit Agreement (Willis Lease Finance Corp)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Credit Party for liquidation or reorganization, should Borrower any Credit Party become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrowerany Credit Party's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (Reading International Inc), Credit Agreement (Reading International Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Pledgor for liquidation or reorganization, should Borrower the Pledgor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's the Pledgor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Acacia Automotive Inc), Stock Pledge Agreement (Bancinsurance Corp)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's its Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Pledge and Security Agreement (Neiman Marcus Group Inc), Pledge and Security Agreement (Neiman Marcus, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "voidable preference," "fraudulent conveyance," or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Credit Agreement (Lasermaster Technologies Inc), Credit Agreement (Ladish Co Inc)
Reinstatement. This Agreement Guarantee shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower the Guarantor for liquidation or reorganization, should Borrower the Guarantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's the Guarantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ”, or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Guarantee Agreement (FreightCar America, Inc.), Guarantee Agreement (FreightCar America, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Obligor for liquidation or reorganization, should Borrower any Obligor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's such Obligor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable lawRequirements of Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "”, “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Loan and Security Agreement (Topgolf Callaway Brands Corp.), Loan and Security Agreement (Topgolf Callaway Brands Corp.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Debtor for liquidation or reorganization, should Borrower any Debtor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Debtor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Intercreditor Agreement (Nuverra Environmental Solutions, Inc.), Intercreditor Agreement (Nuverra Environmental Solutions, Inc.)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower any Grantor for liquidation or reorganization, should Borrower any Grantor become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's any Grantor’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations or the Secured Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations or the Secured Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, with respect to the Obligations or the Secured Obligations is rescinded, reduced, restored restored, or returned, the Secured Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored restored, or returned.
Appears in 2 contracts
Sources: Credit Agreement (Lufkin Industries Inc), Credit Agreement (Lufkin Industries Inc)
Reinstatement. This Agreement shall remain in full force and effect and continue to be effective should any petition be filed by or against Borrower for liquidation or reorganization, should Borrower become insolvent or make an assignment for the benefit of any creditor or creditors or should a receiver or trustee be appointed for all or any significant part of Borrower's ’s assets, and shall continue to be effective or to be reinstated, as the case may be, if at any time payment and performance of the Obligations, or any part thereof, is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligee of the Obligations, whether as a "“voidable preference," "” “fraudulent conveyance," ” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returnedreturned (whether pursuant to the conditions or circumstances described above or as a result of Lender’s being required pursuant to the Allocation Agreement to return any amounts applied to the Obligations as a result of such amounts constituting Misdirected Xerox Proceeds or Misapplied Proceeds), the Obligations shall be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned.
Appears in 2 contracts
Sources: Loan Agreement, Loan Agreement (Xerox Corp)