Common use of Avoidance Issues Clause in Contracts

Avoidance Issues. If any ABL Claimholder or First Lien Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Obligations, as applicable (a “Recovery”), then such ABL Claimholders or First Lien Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.

Avoidance Issues. If any ABL Claimholder or First Lien Note Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Note Obligations, as applicable (a “Recovery”), then such ABL Claimholders or First Lien Note Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Note Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.

Avoidance Issues. If any ABL Claimholder or First Lien Fixed Asset Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Fixed Asset Obligations, as applicable the case may be (a “Recovery”), then such ABL Claimholders or First Lien Fixed Asset Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Fixed Asset Obligations, as applicablethe case may be, with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.

Avoidance Issues. If any ABL Claimholder or First Prior Lien Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Term Obligations, as applicable (a “Recovery”), then such ABL Claimholders or First Lien Term Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Term Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated with respect to any Claimholder prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.

Avoidance Issues. If any ABL Claimholder or First Lien Notes Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien their respective Notes Obligations, as applicable (a “Recovery”), then such ABL Claimholders or First Lien respective Notes Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien their respective Notes Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.

Avoidance Issues. If any ABL Claimholder or First Priority Lien Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Company or any other Grantor any amount paid in respect of ABL Obligations or the First Priority Lien Obligations, as applicable the case may be (a “Recovery”), then such ABL Claimholders or First Priority Lien Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Priority Lien Obligations, as applicablethe case may be, with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.

Avoidance Issues. If any ABL Claimholder or First Prior Lien Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Notes Obligations, as applicable (a “Recovery”), then such ABL Claimholders or First Lien Notes Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Notes Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated with respect to any Claimholder prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatementreinstatement or with respect to any amounts previously received.

Avoidance Issues. If any ABL Claimholder or First Prior Lien Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Term Obligations, as applicable (a “Recovery”), then such ABL Claimholders or First Lien Term Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Term Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated with respect to any Claimholder prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatementreinstatement or with respect to any amounts previously received.

Avoidance Issues. If any ABL Claimholder or First Lien Note Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Note Obligations, as applicable (a “Recovery”), then such ABL Claimholders or First Lien Note Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Note Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.reinstatement.‌

Avoidance Issues. If any ABL Claimholder or First Prior Lien Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Term Obligations, as applicable (a “"Recovery”"), then such ABL Claimholders or First Lien Term Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Term Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated with respect to any Claimholder prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatementreinstatement or with respect to any amounts previously received.

Avoidance Issues. If any ABL Claimholder or First Lien Notes Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Notes Obligations, as applicable (a “Recovery”), then such ABL Claimholders or First Lien Notes Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Notes Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.

Avoidance Issues. If any ABL Claimholder or First Lien Secured Debt Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Company or any other Grantor any amount paid in respect of ABL Obligations or the First Lien Secured Obligations, as applicable the case may be, (a “Recovery”), then such ABL Claimholders or First Lien Secured Debt Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Secured Obligations, as applicablethe case may be, with respect to all such recovered amounts. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.

Avoidance Issues. If any ABL Claimholder or First Prior Lien Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the applicable Grantor any amount paid in respect of ABL Obligations or the First Lien Senior Secured Notes Obligations, as applicable (a “Recovery”), then such ABL Claimholders or First Lien Senior Secured Notes Claimholders shall be entitled to a reinstatement of ABL Obligations or the First Lien Senior Secured Notes Obligations, as applicable, with respect to all such recovered amounts. If this Agreement shall have been terminated with respect to any Claimholder prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair or otherwise affect the obligations of the parties hereto from such date of reinstatement.