Common use of Avoidance Issues Clause in Contracts

Avoidance Issues. If any Revolving Credit Claimholder or Notes Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Notes Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes Obligations, as the 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.

Appears in 9 contracts

Samples: Intercreditor Agreement (Edgen Group Inc.), Intercreditor Agreement (EM Holdings LLC), Intercreditor Agreement (EM Holdings LLC)

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Avoidance Issues. If any Revolving Credit Claimholder or Notes Fixed Asset Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any the applicable Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Fixed Asset Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Notes Fixed Asset Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Fixed Asset Obligations, as the 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.

Appears in 9 contracts

Samples: Intercreditor Agreement (Petco Health & Wellness Company, Inc.), Intercreditor Agreement (PAE Inc), Intercreditor Agreement (Vertiv Holdings Co)

Avoidance Issues. If any Revolving Credit Claimholder or Notes Term Loan Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any the applicable Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Term Loan Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Notes Term Loan Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Term Loan Obligations, as the 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.

Appears in 4 contracts

Samples: Intercreditor Agreement (Kemet Corp), Credit Agreement (J Crew Group Inc), Intercreditor Agreement (Solutia Inc)

Avoidance Issues. If any Revolving Credit Claimholder or Notes Secured Debt Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the Company or any other Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Secured Debt Obligations, as the case may be be, (a “Recovery”), then such Revolving Credit Claimholders or Notes Secured Debt Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Secured Debt Obligations, as the 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.

Appears in 2 contracts

Samples: Intercreditor Agreement (NewPage Energy Services LLC), Intercreditor Agreement (NewPage Holding CORP)

Avoidance Issues. If any Revolving Credit Claimholder or Notes Term Loan Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Term Loan Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Notes Term Loan Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes Term Loan Obligations, as the 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.

Appears in 1 contract

Samples: Intercreditor Agreement (Edgen Murray LTD)

Avoidance Issues. If any Revolving Credit Claimholder or Notes Note Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any the applicable Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Note Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Notes Note Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Note Obligations, as the 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.

Appears in 1 contract

Samples: Intercreditor Agreement (CitiSteel PA, Inc.)

Avoidance Issues. If any Revolving Credit Claimholder Claimholders or Notes Claimholder is Term Loan Claimholders are required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Borrower or any other Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Term Loan Obligations, as the case may be be, (a “Recovery”), then such Revolving Credit Claimholders or Notes Claimholders Term Loan Claimholders, as the case may be, shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Term Loan Obligations, as the 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.

Appears in 1 contract

Samples: Intercreditor Agreement (Novelis Inc.)

Avoidance Issues. If any Revolving Credit Claimholder or Notes Note Claimholder is required in any Insolvency or Liquidation Proceeding with respect to Holdings or otherwise to turn over or otherwise pay to the estate of any Grantor Holdings any amount paid in respect of Revolving Credit Obligations or the Notes Note Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Notes Note Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Note Obligations, as the 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.

Appears in 1 contract

Samples: Intercreditor Agreement (Claymont Steel Holdings, Inc.)

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Avoidance Issues. If any Revolving Credit Claimholder or Notes Term Loan Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any the applicable Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Term Loan Obligations, as the case may be (a “Recovery”), ) then such Revolving Credit Claimholders or Notes Term Loan Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Term Loan Obligations, as the 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.

Appears in 1 contract

Samples: Intercreditor Agreement (J Crew Group Inc)

Avoidance Issues. If any Revolving Credit Claimholder or Notes Note Lien Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Note Lien Obligations, as the case may be be, (a "Recovery"), then such Revolving Credit Claimholders or Notes Note Lien Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Note Lien Obligations, as the 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.

Appears in 1 contract

Samples: Intercreditor Agreement (LNT Leasing II, LLC)

Avoidance Issues. If any Revolving Credit Claimholder or Notes Second Lien Term Loan Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any the applicable Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Second Lien Term Loan Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Notes Second Lien Term Loan Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Second Lien Term Loan Obligations, as the 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.

Appears in 1 contract

Samples: Intercreditor Agreement (Dura Automotive Systems Inc)

Avoidance Issues. If any Revolving Credit Claimholder or Notes Fixed Asset Claimholder is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any the applicable Grantor any amount paid in respect of Revolving Credit Obligations or the Notes Fixed Asset Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Notes Fixed Asset Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or Notes the Fixed Asset Obligations, as the case may be, with respect to all such recovered amountsamounts for the purposes of this Agreement. 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.

Appears in 1 contract

Samples: Credit Agreement (RR Donnelley & Sons Co)

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