Application of Payments; Revival of Obligations. Agent, LC Issuer and the Lenders shall have the continuing right to apply or reverse and reapply any payments to any portion of the Obligations. To the extent Borrower makes a payment or payments to Agent, LC Issuer or any Lender or Agent, LC Issuer or any Lender receives any payment or proceeds of the Loan Collateral or any other security for Borrower’s benefit, which payment(s) or proceeds or any part thereof are subsequently voided, invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the Obligations or part thereof intended to be satisfied shall be revived and shall continue in full force and effect, as if such payment or proceeds had not been received.
Appears in 3 contracts
Samples: Financing Agreement (CitiSteel PA, Inc.), Financing Agreement (Westaff Inc), Financing Agreement (CitiSteel PA, Inc.)
Application of Payments; Revival of Obligations. Agent, LC Issuer and the Lenders Collateral Agent shall have the continuing right to apply or reverse and reapply any payments to any portion of the ObligationsObligations in accordance with Section 6.10 of the Indenture. To the extent Borrower Issuer makes a payment or payments to Agent, LC Issuer any Secured Creditor or any Lender or Agent, LC Issuer or any Lender Secured Creditor receives any payment or proceeds of the Loan Collateral or any other security for BorrowerIssuer’s benefit, which payment(s) or proceeds or any part thereof are subsequently voided, invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment payment(s) or proceeds received, the Obligations or part thereof intended to be satisfied shall be revived and shall continue in full force and effect, as if such payment payment(s) or proceeds had not been receivedreceived by the affected Secured Creditor.
Appears in 2 contracts
Samples: Security Agreement (Claymont Steel Holdings, Inc.), Security Agreement (CitiSteel PA, Inc.)
Application of Payments; Revival of Obligations. Agent, LC Issuer and the Lenders shall have the continuing right to apply or reverse and reapply any payments to any portion of the Obligations. To the extent any Borrower makes a payment or payments to Agent, LC Issuer or any Lender or Agent, LC Issuer or any Lender receives any payment or proceeds of the Loan Collateral or any other security for Borrower’s Borrowers' benefit, which payment(s) or proceeds or any part thereof are subsequently voided, invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the Obligations or part thereof intended to be satisfied shall be revived and shall continue in full force and effect, as if such payment or proceeds had not been received.
Appears in 1 contract
Samples: Financing Agreement (Suntron Corp)