Avoided Payments. Where any release or discharge or other arrangement in respect of all or part of the Secured Obligations (or in respect of any security for those Secured Obligations including the security created under this Debenture) is made in reliance on any payment, security or other disposition which is avoided or must be restored in an insolvency, liquidation or otherwise and whether or not the Security Trustee has conceded or compromised any claim that any payment, security or other disposition will or should be avoided, the liability of the Chargor for the payment of the Secured Obligations and the obligations of the Chargor under this Debenture shall continue as if such release, discharge or other arrangement had not been made.
Appears in 3 contracts
Samples: Facility Agreement (Constar International Inc), Constar International Inc, Constar International Inc
Avoided Payments. Where any release or discharge or other arrangement in respect of all or part of the Secured Obligations (or in respect of any security for those Secured Obligations including the security created under this DebentureMortgage) is made in reliance on any payment, security or other disposition which is avoided or must be restored in an insolvency, liquidation or otherwise and whether or not the Security Trustee Administrative Agent has conceded or compromised any claim that any payment, security or other disposition will or should be avoided, the liability obligations of the Chargor for the payment of the Secured Obligations Obligation and the obligations of the Chargor under this Debenture Mortgage shall continue as if such release, discharge or other arrangement had not been made.
Appears in 3 contracts
Samples: Constar International Inc, Constar International Inc, Constar International Inc
Avoided Payments. Where any release or discharge or other arrangement in respect of all or part of the Secured Obligations (or in respect of any security for those Secured Obligations including the security created under this DebentureMortgage) is made in reliance on any payment, security or other disposition which is avoided or must be restored in an insolvency, liquidation or otherwise and whether or not the Security Trustee Chargee has conceded or compromised any claim that any payment, security or other disposition will or should be avoided, the liability of the Chargor for the payment of the Secured Obligations and the obligations of the Chargor under this Debenture Mortgage shall continue as if such release, discharge or other arrangement had not been made.
Appears in 2 contracts
Samples: Shareholders' Agreement, Shareholders’ Agreement (Central European Distribution Corp)
Avoided Payments. Where any release or discharge or other arrangement in respect of all or part of the Secured Obligations (or in respect of any security for those Secured Obligations including the security created under this DebentureAssignment) is made in reliance on any payment, security or other disposition which is avoided or must be restored in an insolvency, liquidation or otherwise and whether or not the Security Trustee Agent has conceded or compromised any claim that any payment, security or other disposition will or should be avoided, the liability of the Chargor Assignors for the payment of the Secured Obligations and the obligations of the Chargor Assignors under this Debenture Assignment shall continue as if such release, discharge or other arrangement had not been made.
Appears in 1 contract
Samples: Affiliated Computer Services Inc
Avoided Payments. Where any release or discharge or other arrangement in respect of all or part of the Secured Obligations (or in respect of any security for those Secured Obligations including the security created under this DebentureMortgage) is made in reliance on any payment, security or other disposition which is avoided or must be restored in an insolvency, liquidation or otherwise and whether or not the Security Trustee Mortgagee has conceded or compromised any claim that any payment, security or other disposition will or should be avoided, the liability obligations of the Chargor Mortgagor for the payment of the Secured Obligations Obligation and the obligations of the Chargor Mortgagor under this Debenture Mortgage shall continue as if such release, discharge or other arrangement had not been made.
Appears in 1 contract
Samples: Letter Agreement (Central European Distribution Corp)
Avoided Payments. Where any release or discharge or other arrangement in respect of all or part of the Secured Obligations (or in respect of any security for those Secured Obligations including the security created under this DebentureMortgage) is made in reliance on any payment, security or other disposition which is avoided or must be restored in an insolvency, liquidation or otherwise and whether or not the Security Trustee Mortgagee has conceded or compromised any claim that any payment, security or other disposition will or should be avoided, the liability obligations of the Chargor for the payment of Mortgagor to perform the Secured Obligations Obligation and the obligations of the Chargor Mortgagor under this Debenture Mortgage shall continue as if such release, discharge or other arrangement had not been made.
Appears in 1 contract
Samples: Letter Agreement (Central European Distribution Corp)