Common use of Avoidance Issues Clause in Contracts

Avoidance Issues. If any Revolving Credit Claimholder or 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 Revolving Credit Obligations or the Fixed Asset Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Fixed Asset Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or 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.

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

Avoidance Issues. If any Revolving Credit Claimholder or Fixed Asset Term Loan 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 Revolving Credit Obligations or the Fixed Asset Term Loan Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Fixed Asset Term Loan Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or the Fixed Asset 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.

Avoidance Issues. If any Revolving Credit Claimholder or Fixed Asset 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 Revolving Credit Obligations or the Fixed Asset Secured Debt Obligations, as the case may be be, (a “Recovery”), then such Revolving Credit Claimholders or Fixed Asset Secured Debt Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or the Fixed Asset 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.

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

Avoidance Issues. If any Revolving Credit Claimholder or Fixed Asset 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 Revolving Credit Obligations or the Fixed Asset Note Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Fixed Asset Note Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or the Fixed Asset 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.

Avoidance Issues. If any Revolving Credit Claimholder or Fixed Asset 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 the applicable Grantor any amount paid in respect of Revolving Credit Obligations or the Fixed Asset Second Lien Term Loan Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Fixed Asset Second Lien Term Loan Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or the Fixed Asset 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.

Avoidance Issues. If any Revolving Credit Claimholder or Fixed Asset 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 the applicable Grantor Holdings any amount paid in respect of Revolving Credit Obligations or the Fixed Asset Note Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Fixed Asset Note Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or the Fixed Asset 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.

Avoidance Issues. If any Revolving Credit Claimholder or 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 Revolving Credit Obligations or the Fixed Asset Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Fixed Asset Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or 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.

Avoidance Issues. If any Revolving Credit Claimholder or Fixed Asset Term Loan 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 Revolving Credit Obligations or the Fixed Asset Term Loan Obligations, as the case may be (a “Recovery”), ) then such Revolving Credit Claimholders or Fixed Asset Term Loan Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or the Fixed Asset 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.

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

Avoidance Issues. If any Revolving Credit Claimholder or Fixed Asset any Term 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 any Grantor any amount paid in respect of Revolving Credit Obligations or the Fixed Asset Term Priority Lien Obligations, as the case may be (a “Recovery”), then such Revolving Credit Claimholders or Fixed Asset Term Priority Lien Claimholders shall be entitled to a reinstatement of Revolving Credit Obligations or the Fixed Asset Term Priority 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.