Common use of Bankruptcy and Related Matters Clause in Contracts

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are outstanding, each of the Guarantors shall not (unless required to do so by law or regulation), without the prior written consent of the Majority Participating Creditors, commence or join with any other person in commencing any bankruptcy, liquidation, reorganisation, concurso mercantil, quiebra or insolvency proceedings of, or against, any Obligor. (b) If acceleration of the time for payment of any amount payable by Parent under the Finance Documents is stayed upon the insolvency, bankruptcy, reorganisation, concurso mercantil, quiebra or any similar event of any Obligor or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating Creditors. (c) The obligations of each of the Guarantors under this Clause 20 shall not be reduced, limited, impaired, discharged, deferred suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisation, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor or similar proceedings or actions or by any defense which any Obligor may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under the Finance Documents and would be owed by any Obligor but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents which accrues after the commencement of any proceeding or action referred to above in paragraph (c) of this Clause 20.10 (or, if interest on any portion of such obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations if said proceedings or actions had not been commenced) shall be included in such obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors that such obligations which are to be guaranteed by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 shall be determined without regard to any rule of law or order which may relieve any Obligor of any portion of such obligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating Creditors, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents are paid by or on behalf of any Obligor, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents for all purpose under this Clause 20, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors shall not (unless required to do so by law or regulation)not, without the prior written consent of the Majority Participating CreditorsAdministrative Agent (acting with the consent of the Required Lenders), commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisationreorganization, concurso mercantil, quiebra mercantil or insolvency proceedings of, or against, any Obligorthe Borrower. (b) If acceleration of the time for payment of any amount payable by Parent the Borrower under this Agreement or the Finance Documents Notes is stayed upon the insolvency, bankruptcy, reorganisationreorganization, concurso mercantil, quiebra mercantil or any similar event of any Obligor the Borrower or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLenders. (c) The obligations of each of the Guarantors under this Clause 20 ARTICLE X shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor the Borrower or similar proceedings or actions or by any defense which any Obligor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by any Obligor the Borrower but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (cSection 10.07(c) of this Clause 20.10 (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors Lenders that such obligations the Obligations which are to be guaranteed purchased by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 ARTICLE X shall be determined without regard to any rule of law or order which may relieve any Obligor the Borrower of any portion of such obligationsObligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating CreditorsLenders, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Borrower, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors Lenders as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20ARTICLE X, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors shall not (unless required to do so by law or regulation)not, without the prior written consent of the Majority Participating CreditorsAdministrative Agent (acting with the consent of the Issuing Bank), commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisationreorganization, concurso mercantil, quiebra mercantil or insolvency proceedings of, or against, any Obligorthe Issuer. (b) If acceleration of the time for payment of any amount payable by Parent the Issuer under this Agreement or the Finance Documents Notes is stayed upon the insolvency, bankruptcy, reorganisationreorganization, concurso mercantil, quiebra mercantil or any similar event of any Obligor the Issuer or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLenders. (c) The obligations of each of the Guarantors under this Clause 20 Article XI shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor the Issuer or similar proceedings or actions or by any defense which any Obligor the Issuer may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ ' liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by any Obligor the Issuer but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (c) of this Clause 20.10 (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, the Issuing Bank and the Participating Creditors Lenders that such obligations the Obligations which are to be guaranteed purchased by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 Article XI shall be determined without regard to any rule of law or order which may relieve any Obligor the Issuer of any portion of such obligationsObligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Bank and the Participating CreditorsLenders, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Issuer, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent Agent, the Issuing Bank and/or the Participating Creditors Lenders as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20Article XI, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors Guarantor shall not (unless required to do so by law or regulation)not, without the prior written consent of the Majority Participating Creditors, Lender) commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisationreorganization, concurso mercantil, quiebra mercantil or insolvency proceedings of, or against, any Obligorthe Borrower. (b) If acceleration of the time for payment of any amount payable by Parent the Borrower under this Agreement or the Finance Documents Notes is stayed upon the insolvency, bankruptcy, reorganisationreorganization, concurso mercantil, quiebra mercantil or any similar event of any Obligor the Borrower or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors Guarantor hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLender. (c) The obligations of each of the Guarantors Guarantor under this Clause 20 ARTICLE IX shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor the Borrower or similar proceedings or actions or by any defense which any Obligor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ Guarantor’s liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by any Obligor the Borrower but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) The Guarantor acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (cSection 9.07(c) of this Clause 20.10 (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, Guarantor and the Participating Creditors Lender that such obligations the Obligations which are to be guaranteed by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) Guarantor pursuant to this Clause 20 ARTICLE IX shall be determined without regard to any rule of law or order which may relieve any Obligor the Borrower of any portion of such obligationsObligations. The Guarantors Guarantor will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative AgentLender, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating CreditorsLender, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the GuarantorsGuarantor. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Borrower, the obligations of the Guarantors Guarantor hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors Lender as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20ARTICLE IX, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors shall not (unless required to do so by law or regulation)no Guarantor shall, without the prior written consent of the Majority Participating CreditorsAdministrative Agent, commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisationreorganization, concurso mercantil, quiebra mercantil or insolvency proceedings of, or against, any Obligorthe Borrower. (b) If acceleration of the time for payment of any amount payable by Parent the Borrower under this Agreement or the Finance Documents Notes is stayed upon the insolvency, bankruptcy, reorganisationreorganization, concurso mercantil, quiebra mercantil or any similar event of the Borrower or any Obligor Guarantor or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLenders. (c) The obligations of each of the Guarantors under this Clause 20 Section 9 shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of the Borrower or any Obligor Guarantor or similar proceedings or actions or by any defense which the Borrower or any Obligor Guarantor may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ ' liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by the Borrower or any Obligor other Guarantor but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (c) of this Clause 20.10 above (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, Agent and the Participating Creditors Lenders that such obligations the Obligations which are to be guaranteed paid by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 Section 9 shall be determined without regard to any rule of law or order which may relieve any Obligor the Borrower of any portion of such obligationsObligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, Agent and the Participating CreditorsLenders, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Borrower, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors Lenders as a preference, preferential transfer, fraudulent transfer conveyance or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20Section 9, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors shall not (unless required to do so by law or regulation)not, without the prior written consent of the Majority Participating CreditorsAdministrative Agent (acting with the consent of the Required Lenders), commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisationreorganization, concurso mercantil, quiebra mercantil or insolvency proceedings of, or against, any Obligorthe Borrower. (b) If acceleration of the time for payment of any amount payable by Parent the Borrower under this Agreement or the Finance Documents Notes is stayed upon the insolvency, bankruptcy, reorganisationreorganization, concurso mercantil, quiebra mercantil or any similar event of any Obligor the Borrower or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLenders. (c) The obligations of each of the Guarantors under this Clause 20 ARTICLE IX shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor the Borrower or similar proceedings or actions or by any defense which any Obligor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by any Obligor the Borrower but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (cSection 9.07(c) of this Clause 20.10 (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors Lenders that such obligations the Obligations which are to be guaranteed by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 ARTICLE IX shall be determined without regard to any rule of law or order which may relieve any Obligor the Borrower of any portion of such obligationsObligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating CreditorsLenders, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Borrower, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors Lenders as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20ARTICLE IX, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are outstanding, each of the Guarantors shall not (unless required to do so by law or regulation), without the prior written consent of the Majority Participating Creditors, commence or join with any other person in commencing any bankruptcy, liquidation, reorganisation, concurso mercantil, quiebra or insolvency proceedings of, or against, any Obligor. (b) If acceleration of the time for payment of any amount payable by Parent under the Finance Documents is stayed upon the insolvency, bankruptcy, reorganisation, concurso mercantil, quiebra or any similar event of any Obligor or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating Creditors. (c) The obligations of each of the Guarantors under this Clause 20 18 shall not be reduced, limited, impaired, discharged, deferred suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisation, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor or similar proceedings or actions or by any defense which any Obligor may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under the Finance Documents and would be owed by any Obligor but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant Inc., except in relation to Clause 24.32 18.1 (Conditions subsequentGuarantee and indemnity – Specific Guaranteed Facilities)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents which accrues after the commencement of any proceeding or action referred to above in paragraph (c) of this Clause 20.10 18.12 (or, if interest on any portion of such obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations if said proceedings or actions had not been commenced) shall be included in such obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors that such obligations which are to be guaranteed by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant Inc., except in relation to Clause 24.32 18.1 (Conditions subsequentGuarantee and indemnity – Specific Guaranteed Facilities)) CEMEX Australia Holdings) pursuant to this Clause 20 18 shall be determined without regard to any rule of law or order which may relieve any Obligor of any portion of such obligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating Creditors, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents are paid by or on behalf of any Obligor, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents for all purpose under this Clause 2018, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors Credit Party shall not (unless required to do so by law or regulation)not, without the prior written consent of the Majority Participating CreditorsAdministrative Agent (acting with the consent of the Required Lenders), commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisationreorganization, concurso mercantil, quiebra mercantil or insolvency proceedings of, or against, any Obligorthe Borrower. (b) If acceleration of the time for payment of any amount payable by Parent the Borrower under this Agreement or the Finance Documents Maturity “B” Notes is stayed upon the insolvency, bankruptcy, reorganisationreorganization, concurso mercantil, quiebra mercantil or any similar event of any Obligor the Borrower or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLenders. (c) The obligations of each of the Guarantors under this Clause 20 Article IX shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor the Borrower or similar proceedings or actions or by any defense which any Obligor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by any Obligor the Borrower but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (cSection 9.07(c) of this Clause 20.10 (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors Lenders that such obligations the Obligations which are to be guaranteed by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 Article IX shall be determined without regard to any rule of law or order which may relieve any Obligor the Borrower of any portion of such obligationsObligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating CreditorsLenders, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Borrower, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors Lenders as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20Article IX, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors Credit Party shall not (unless required to do so by law or regulation)not, without the prior written consent of the Majority Participating CreditorsAdministrative Agent (acting with the consent of the Required Lenders), commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisationreorganization, concurso mercantil, quiebra mercantil or insolvency proceedings of, or against, any Obligorthe Borrower. (b) If acceleration of the time for payment of any amount payable by Parent the Borrower under this Agreement or the Finance Documents Maturity “A” Notes is stayed upon the insolvency, bankruptcy, reorganisationreorganization, concurso mercantil, quiebra mercantil or any similar event of any Obligor the Borrower or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLenders. (c) The obligations of each of the Guarantors under this Clause 20 Article IX shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor the Borrower or similar proceedings or actions or by any defense which any Obligor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by any Obligor the Borrower but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (cSection 9.07(c) of this Clause 20.10 (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors Lenders that such obligations the Obligations which are to be guaranteed by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 Article IX shall be determined without regard to any rule of law or order which may relieve any Obligor the Borrower of any portion of such obligationsObligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating CreditorsLenders, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Borrower, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors Lenders as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20Article IX, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as If either party hereto should do any of the obligations under the Finance Documents are outstanding, following (each of which shall constitute a "Bankruptcy Default"): (1) file a petition, answer or consent seeking relief under Title 11 of the Guarantors shall not United States Code, as now constituted or hereafter amended (unless required to do so by the "Bankruptcy Code"), or any other applicable federal or state bankruptcy law or regulationother similar law (collectively, "Any Bankruptcy Law"), without ; or (2) consent or become subject to the prior written consent institution of proceedings under Any Bankruptcy Law or to the Majority Participating Creditors, commence filing of any petition thereunder or join with any other person in commencing any bankruptcy, liquidation, reorganisation, concurso mercantil, quiebra or insolvency proceedings to the appointment of, or againsttaking possession by, a receiver, liquidator, assignee, trustee, custodian, sequestrator or similar official of it or of any Obligor.substantial part of its property; or (b3) If acceleration of the time for payment fail generally to pay its debts as such debts become due or otherwise insolvent; or (4) take any corporate action in furtherance of any amount payable aforesaid action; or (5) become the subject of a decree or order by Parent a court having jurisdiction in the premises for relief in respect of it (and such decree or order shall continue unstayed and in effect for a period of 60 consecutive days) (i) under the Finance Documents is stayed upon the insolvencyAny Bankruptcy Law, bankruptcy(ii) appointing a receiver, reorganisationliquidator, concurso mercantilassignee, quiebra trustee, sequestrator or any similar event official of it or of any Obligor substantial party of its property, or otherwise, all such amounts otherwise subject to acceleration under (iii) ordering the terms winding-up or liquidation of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating Creditors.its affairs; or (c) The obligations of each of the Guarantors under this Clause 20 shall not be reduced, limited, impaired, discharged, deferred suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisation, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor or similar proceedings or actions or by any defense which any Obligor may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under the Finance Documents and would be owed by any Obligor but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents which accrues after the commencement of any proceeding or action referred to above in paragraph (c) of this Clause 20.10 (or, if interest on any portion of such obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations if said proceedings or actions had not been commenced) shall be included in such obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors that such obligations which are to be guaranteed by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings6) pursuant to Any Bankruptcy Law have its rights hereunder become exercisable by a trustee or debtor-in-possession who elects to reject this Clause 20 shall be determined without regard to any rule of law or order which may relieve any Obligor of any portion of such obligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating Creditors, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents are paid by or on behalf of any Obligor, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may beAgreement; then, in the event that of a Bankruptcy Default by either party hereto, the other party shall, at its option, have the right to terminate this Agreement immediately by sending written notice of such termination, whereupon all of such other party's obligations hereunder shall cease. In addition to any other rights and remedies available hereunder, if this agreement is assumed in the course of either party's bankruptcy case by a trustee or any debtor-in-possession pursuant to Section 365 of the Bankruptcy Code, the other party shall be entitled to recover as a part of the default to be cured by such payment(s) are rescinded trustee or recovered, directly debtor-in-possession any Attorneys' Fees paid or indirectly, from incurred by such other party in attempting to remedy a breach by the Administrative Agent and/or the Participating Creditors as party in Bankruptcy Default hereunder prior to such party's filing of a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations petition under the Finance Documents for all purpose under Bankruptcy Code or in effecting an assumption of this Clause 20, to the extent permitted Agreement by applicable lawsuch party's trustee or debtor-in-possession.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors Credit Party shall not (unless required to do so by law or regulation)not, without the prior written consent of the Majority Participating CreditorsAdministrative Agent (acting with the consent of the Required Lenders), commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisation, concurso mercantil, quiebra reorganization or insolvency proceedings of, or against, any Obligorthe Borrower. (b) If acceleration of the time for payment of any amount payable by Parent the Borrower under this Agreement or the Finance Documents Maturity “A” Notes is stayed upon the insolvency, bankruptcy, reorganisation, concurso mercantil, quiebra reorganization or any similar event of any Obligor the Borrower or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLenders. (c) The obligations of each of the Guarantors under this Clause 20 Article IX shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor the Borrower or similar proceedings or actions or by any defense which any Obligor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by any Obligor the Borrower but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (cSection 9.07(c) of this Clause 20.10 (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors Lenders that such obligations the Obligations which are to be guaranteed purchased by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 Article IX shall be determined without regard to any rule of law or order which may relieve any Obligor the Borrower of any portion of such obligationsObligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating CreditorsLenders, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Borrower, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors Lenders as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20Article IX, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors Credit Party shall not (unless required to do so by law or regulation)not, without the prior written consent of the Majority Participating CreditorsAdministrative Agent (acting with the consent of the Required Lenders), commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisation, concurso mercantil, quiebra reorganization or insolvency proceedings of, or against, any Obligorthe Borrower. (b) If acceleration of the time for payment of any amount payable by Parent the Borrower under this Agreement or the Finance Documents Dutch “A” Notes is stayed upon the insolvency, bankruptcy, reorganisation, concurso mercantil, quiebra reorganization or any similar event of any Obligor the Borrower or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLenders. (c) The obligations of each of the Guarantors under this Clause 20 Article VIII shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor the Borrower or similar proceedings or actions or by any defense which any Obligor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by any Obligor the Borrower but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (cSection 8.07(c) of this Clause 20.10 (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors Lenders that such obligations the Obligations which are to be guaranteed purchased by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 Article VIII shall be determined without regard to any rule of law or order which may relieve any Obligor the Borrower of any portion of such obligationsObligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating CreditorsLenders, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Borrower, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors Lenders as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20Article VIII, to the extent permitted by applicable law.

Bankruptcy and Related Matters. (a) So long as any of the obligations under the Finance Documents are Obligations remain outstanding, each of the Guarantors shall not (unless required to do so by law or regulation)not, without the prior written consent of the Majority Participating CreditorsAdministrative Agent (acting with the consent of the Required Lenders), commence or join with any other person Person in commencing any bankruptcy, liquidation, reorganisationreorganization, concurso mercantil, quiebra mercantil or insolvency proceedings of, or against, any Obligorthe Borrower. (b) If acceleration of the time for payment of any amount payable by Parent the Borrower under this Agreement or the Finance Documents Notes is stayed upon the insolvency, bankruptcy, reorganisationreorganization, concurso mercantil, quiebra mercantil or any similar event of any Obligor the Borrower or otherwise, all such amounts otherwise subject to acceleration under the terms of this Agreement shall nonetheless be payable by the Guarantors hereunder forthwith on demand by the Administrative Agent made at the request of the Participating CreditorsLenders. (c) The obligations of each of the Guarantors under this Clause 20 ARTICLE IX shall not be reduced, limited, impaired, discharged, deferred deferred, suspended or terminated by any proceeding or action, voluntary or involuntary, involving the bankruptcy, insolvency, concurso mercantil, quiebra, receivership, reorganisationreorganization, marshalling of assets, assignment for the benefit of creditors, readjustment, liquidation or arrangement of any Obligor the Borrower or similar proceedings or actions or by any defense which any Obligor the Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding or action. Without limiting the generality of the foregoing, the Guarantors’ ' liability shall extend to all amounts and obligations under that constitute the Finance Documents Obligations and would be owed by any Obligor the Borrower but for the fact that they are unenforceable or not allowable due to the existence of any such proceeding or action. (d) Each of the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) acknowledges and agrees that any interest on any portion of the obligations under the Finance Documents Obligations which accrues after the commencement of any proceeding or action referred to above in paragraph (cSection 9.07(c) of this Clause 20.10 (or, if interest on any portion of such obligations the Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding or action, such interest as would have accrued on such portion of such obligations the Obligations if said proceedings or actions had not been commenced) shall be included in such obligationsthe Obligations, it being the intention of the Guarantors, the Administrative Agent, and the Participating Creditors Lenders that such obligations the Obligations which are to be guaranteed by the Guarantors (other than CEMEX, Inc. or (unless it has granted a guarantee pursuant to Clause 24.32 (Conditions subsequent)) CEMEX Australia Holdings) pursuant to this Clause 20 ARTICLE IX shall be determined without regard to any rule of law or order which may relieve any Obligor the Borrower of any portion of such obligationsObligations. The Guarantors will take no action to prevent any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person from paying the Administrative Agent, or allowing the claim of the Administrative Agent, for the benefit of the Administrative Agent, and the Participating CreditorsLenders, in respect of any such interest accruing after the date of which such proceeding is commenced, except to the extent any such interest shall already have been paid by the Guarantors. (e) Notwithstanding anything to the contrary contained herein, if all or any portion of the obligations under the Finance Documents Obligations are paid by or on behalf of any Obligorthe Borrower, the obligations of the Guarantors hereunder shall continue and remain in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered, directly or indirectly, from the Administrative Agent and/or the Participating Creditors Lenders as a preference, preferential transfer, fraudulent transfer or otherwise, and any such payments which are so rescinded or recovered shall constitute obligations under the Finance Documents Obligations for all purpose purposes under this Clause 20ARTICLE IX, to the extent permitted by applicable law.