Common use of Bankruptcy; Post-Petition Interest; Reinstatement of Agreement Clause in Contracts

Bankruptcy; Post-Petition Interest; Reinstatement of Agreement. (a) So long as any Secured Obligations remain out- standing, no Co-Maker shall, without the prior written consent of Obligee in accordance with the Agreement, commence or join with any other Person in commencing any bankruptcy, reorganiza- tion or insolvency proceedings of or against any other Co- Maker. The obligations of the Co-Makers under this Agreement shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or invol- untary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any other or by any defense which any other Co-Maker may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding. (b) Each Co-Maker acknowledges and agrees that any interest on any portion of the Secured Obligations which ac- crues after the commencement of any proceeding referred to in clause (a) above (or, if interest on any portion of the Secured Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding, such interest as would have accrued on such portion of the Secured Obligations if said proceedings had not been commenced) shall be included in the Secured Obligations because it is the intention of Co-Makers and Obligee that the Secured Obligations of each Co-Maker pursuant to this Agreement should be determined without regard to any rule of law or order which may relieve any other Co- Maker of any portion of such Secured Obligations. The Co- Makers will permit any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person to pay Obligee, or allow the claim of Obligee in respect of, any such interest accruing after the date on which such proceeding is commenced. (c) If all or any portion of the Secured Obliga- tions is paid by any Co-Maker, the obligations of the other Co- Makers 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in full force and effect or be reinstated, as the case may be, in the event that all or any part of such payment(s) are rescinded or recovered directly or indirectly from Obligee as a preference, fraudulent transfer or otherwise, and any such payments which are so re- scinded or recovered shall constitute Secured Obligations for all purposes under this Agreement.

Bankruptcy; Post-Petition Interest; Reinstatement of Agreement. (a) So long as any Secured Obligations remain out- standingoutstanding, no Co-Maker shall, without the prior written consent of Obligee in accordance with the Agreement, commence or join with any other Person in commencing any bankruptcy, reorganiza- tion reorganization or insolvency proceedings of or against any other Co- Co-Maker. The obligations of the Co-Makers under this Agreement shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or invol- untaryinvoluntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any other or by any defense which any other Co-Maker may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding. (b) Each Co-Maker acknowledges and agrees that any interest on any portion of the Secured Obligations which ac- crues accrues after the commencement of any proceeding referred to in clause (a) above (or, if interest on any portion of the Secured Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding, such interest as would have accrued on such portion of the Secured Obligations if said proceedings had not been commenced) shall be included in the Secured Obligations because it is the intention of Co-Makers and Obligee that the Secured Obligations of each Co-Maker pursuant to this Agreement should be determined without regard to any rule of law or order which may relieve any other Co- Co-Maker of any portion of such Secured Obligations. The Co- Co-Makers will permit any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person to pay Obligee, or allow the claim of Obligee in respect of, any such interest accruing after the date on which such proceeding is commenced. (c) If all or any portion of the Secured Obliga- tions Obligations is paid by any Co-Maker, the obligations of the other Co- Co-Makers 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 Obligee as a preference, fraudulent transfer or otherwise, and any such payments which are so re- scinded rescinded or recovered shall constitute Secured Obligations for all purposes under this Agreement.

Bankruptcy; Post-Petition Interest; Reinstatement of Agreement. (a) So long as any Secured Guarantied Obligations remain out- standingoutstanding, no Co-Maker Guarantor shall, without the prior written consent of Obligee in accordance with each of the AgreementNoteholders, commence or join with any other Person in commencing any bankruptcy, reorganiza- tion reorganization or insolvency proceedings of or against any other Co- Makerthe Company. The obligations of the Co-Makers Guarantors under this Agreement Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or invol- untaryinvoluntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any other the Company or by any defense which any other Co-Maker the Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding. (b) Each Co-Maker Guarantor acknowledges and agrees that any interest on any portion of the Secured Guarantied Obligations which ac- crues accrues after the commencement of any proceeding referred to in clause (a) above (or, if interest on any portion of the Secured Guarantied Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding, such interest as would have accrued on such portion of the Secured Guarantied Obligations if said proceedings had not been commenced) shall be included in the Secured Guarantied Obligations because it is the intention of Co-Makers Guarantors and Obligee Noteholders that the Secured Guarantied Obligations of each Co-Maker pursuant to this Agreement should shall be determined without regard to any rule of law or order which may relieve any other Co- Maker the Company of any portion of such Secured Guarantied Obligations. The Co- Makers Guarantors will permit any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person to pay Obligeethe Noteholders, or allow the claim of Obligee any Noteholders in respect of, any such interest accruing after the date on which such proceeding is commenced. (c) If In the event that all or any portion of the Secured Obliga- tions is Guarantied Obligations are paid by any Co-Makerthe Company and/or the Guarantors, the obligations of the other Co- Makers 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 Obligee any Noteholder as a preference, fraudulent transfer or otherwise, and any such payments which are so re- scinded rescinded or recovered shall constitute Secured Guarantied Obligations for all purposes under this AgreementGuaranty.

Bankruptcy; Post-Petition Interest; Reinstatement of Agreement. (a) So long as any Secured Obligations remain out- standingoutstanding, no Co-Maker shall, without the prior written consent of Obligee Lender in accordance with the Agreement, commence or join with any other Person in commencing any bankruptcy, reorganiza- tion reorganization or insolvency proceedings of or against any other Co- Co-Maker. The obligations of the Co-Makers under this Agreement shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or invol- untaryinvoluntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of any other or by any defense which any other Co-Maker may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding. (b) Each Co-Maker acknowledges and agrees that any interest on any portion of the Secured Obligations which ac- crues accrues after the commencement of any proceeding referred to in clause (a) above (or, if interest on any portion of the Secured Obligations ceases to accrue by operation of law by reason of the commencement of said proceeding, such interest as would have accrued on such portion of the Secured Obligations if said proceedings had not been commenced) shall be included in the Secured Obligations because it is the intention of Co-Makers and Obligee that the Secured Obligations of each Co-Maker pursuant to this Agreement should be determined without regard to any rule of law or order which may relieve any other Co- Maker of any portion of such Secured Obligations. The Co- Makers will permit any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar person to pay Obligee, or allow the claim of Obligee in respect of, any such interest accruing after the date on which such proceeding is commenced.would (c) If all or any portion of the Secured Obliga- tions Obligations is paid by any Co-Maker, the obligations of the other Co- Co-Makers 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 Obligee Lender as a preference, fraudulent transfer or otherwise, and any such payments which are so re- scinded rescinded or recovered shall constitute Secured Obligations for all purposes under this Agreement.