Returned Payment. To the extent the Lender or MLPF&S receives any payment with respect to the Obligations, the facility or this Agreement, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by the Lender or MLPF&S or paid over to a trustee, receiver or any other entity, whether under any Bankruptcy law or otherwise (any such payment is hereinafter, referred to as a "Returned Payment"), then this Agreement shall continue to be effective or shall be reinstated, as the case may be, to the extent of such payment or repayment by the Lender o MLPF&S, and, the indebtedness or part thereof intended to be satisfied by such Returned Payment shall be revived and continued in full force and effect as if said Returned Payment had not been made.
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Returned Payment. To the extent the Lender or MLPF&S receives any payment with respect to the Obligations, the facility Facility or this Agreement, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by the Lender or MLPF&S or paid over to a trustee, receiver or any other entity, whether under any Bankruptcy bankruptcy law or otherwise (any such payment is hereinafter, being hereinafter referred to as a "βReturned Payment"β), then this Agreement shall continue to be effective or shall be reinstated, as the case may be, to the extent of such payment or repayment by the Lender o or MLPF&S, and, and the indebtedness or part thereof intended to be satisfied by such Returned Payment shall be revived revised and continued in full force and effect as if said such Returned Payment had not been made.
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Returned Payment. To the extent the Lender or MLPF&S receives any payment with respect to the Obligations, the facility Facility or this Agreement, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by the Lender or MLPF&S or paid over to a trustee, receiver or any other entity, whether under any Bankruptcy law or otherwise (any such payment is hereinafter, referred to as a "Returned Payment"), then this Agreement shall continue to be effective or shall be reinstated, as the case may be, to the extent of such payment or repayment by the Lender o or MLPF&S, and, the indebtedness or part thereof intended to be satisfied by such Returned Payment shall be revived and continued in full force and effect as if said Returned Payment had not been made.
Appears in 1 contract
Sources: Loan Agreement (Luter Joseph W Iii)