Bankruptcy and Forfeiture Reinstatement. If any consideration transferred to Bank in payment of, or as collateral for, or in satisfaction of the Obligations, shall be voided in whole or in part as a result of (a) a subsequent bankruptcy or insolvency proceeding; (b) any forfeiture or seizure action or remedy; (c) any fraudulent transfer or preference action or remedy; or (d) any other civil, criminal or equitable proceeding or remedy, then Bank’s claim to recover the voided consideration shall be a new and independent claim arising under this Agreement and shall be jointly and severally due and payable immediately by Applicant.
Appears in 4 contracts
Samples: Standby Letter of Credit Agreement, Standby Letter of Credit Agreement (Proassurance Corp), Standby Letter of Credit Agreement (Barrett Business Services Inc)
Bankruptcy and Forfeiture Reinstatement. If any consideration transferred to Bank in payment of, or as collateral for, or in satisfaction of the Obligations, shall be voided in whole or in part as a result of (a) a subsequent bankruptcy or insolvency proceeding; (b) any forfeiture or seizure action or remedy; (c) any fraudulent transfer or preference action or remedy; or (d) any other civil, criminal or equitable proceeding or remedy, then Bank’s claim to recover the voided consideration shall be a new and independent claim arising under this Agreement the applicable Credit Document and shall be jointly and severally due and payable immediately by Applicantthe Credit Parties that are obligated therefor under the terms of the Credit Documents.
Appears in 2 contracts
Samples: Standby Letter of Credit Agreement (Renaissancere Holdings LTD), Standby Letter of Credit Agreement (Renaissancere Holdings LTD)