Bankruptcy Preferences. If any payment on account of a Senior Secured Obligation to a Creditor is subsequently invalidated, declared to be fraudulent or preferential or set aside and is required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, and such Creditor has previously made a deposit in respect of such payment into the Special Collateral Account pursuant to Section 5.11, then the Collateral Agent shall distribute to such Creditor proceeds from the Special Collateral Account in an amount equal to such deposit or so much thereof as is affected by such events together with any interest earned thereon (which amount of interest shall not exceed the amount of interest, if any, such Creditor is then required to repay) and if, due to previous disbursements to the Creditors pursuant to Section 5.11(c), the proceeds in the Special Collateral Account are insufficient for such purpose, then each other Creditor shall pay to such Creditor upon demand an amount equal to a ratable portion of such disbursements of the deposit and interest thereon which was distributed to each such Creditor according to the aggregate amounts so distributed to each such Creditor.
Bankruptcy Preferences. If any payment actually received by any member of the Lender Group is subsequently invalidated, declared to be fraudulent or preferential or set aside and is required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state, provincial or Federal law, common law, or equitable cause, then the Paying Agent shall distribute to such Person from the Balance, exclusive of any amount in the Escrow Account in accordance with Section 3.03, an amount equal to such payment. If, due to previous disbursements to the Lender Group pursuant to Section 2.03(a), the Balance then held by the Paying Agent is insufficient for such purpose, then each other member of the Lender Group shall pay to such Person upon demand an amount equal to a ratable portion of such payment according to the aggregate amounts distributed to each member of the Lender Group by the Paying Agent.
Bankruptcy Preferences. If Landlord is required to turn over any amounts received under the Lease or this Guaranty to any bankruptcy court or state insolvency proceeding, as a “preference” or otherwise, Guarantor shall promptly pay Landlord such amount as a reinstated obligation hereunder.
Bankruptcy Preferences. If any payment to a Creditor is subsequently invalidated, declared to be fraudulent or preferential or set aside and is required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, and such Creditor has previously made a deposit in respect of such payment into the Special Collateral Account pursuant to Section 5.11, then the Collateral Agent shall distribute to such Creditor proceeds from the Special Collateral Account in an amount equal to such deposit or so much thereof as is affected by such events together with any interest earned thereon (which amount of interest shall not exceed the amount of interest, if any, such Creditor is then required to repay) and if, due to previous disbursements to the Creditors pursuant to Section 5.11(d), the proceeds in the Special Collateral Account are insufficient for such purpose, then each other Creditor shall pay to such Creditor upon demand an amount equal to a ratable portion of such disbursements of the deposit and interest thereon which was distributed to each such Creditor according to the aggregate amounts so distributed to each such Creditor.
Bankruptcy Preferences. If any payment actually received by any Lender is subsequently invalidated, declared to be fraudulent or preferential or set aside and is required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state, provincial or federal law, common law, or equitable cause, then each other Lender shall pay to such Lender and/or purchase participations upon demand in an amount equal to a ratable portion of such payment according to the aggregate amounts distributed to all Lenders so that the ratable treatment contemplated hereunder is achieved.
Bankruptcy Preferences. If any payment to a Secured Party is subsequently invalidated, declared to be fraudulent or preferential or set aside and is required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, and such Secured Party has previously made a deposit in respect of such payment into the Special Trust Account pursuant to Section 7.05, then the Collateral Agent shall distribute to such Secured Party proceeds from the Special Trust Account in an amount equal to such deposit or so much thereof as is affected by such events and if, due to previous disbursements to the Secured Parties pursuant to Section 7.05(c), the proceeds in the Special Trust Account are insufficient for such purpose, then each other Secured Party shall pay to such Secured Party upon demand an amount equal to a ratable portion of such disbursements of the deposit which was distributed to each such Secured Party according to the aggregate amounts so distributed to each such Secured Party.
Bankruptcy Preferences. If any payment actually received by any Creditor is subsequently invalidated, declared to be fraudulent or preferential or set aside and is required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or Federal law, common law or equitable cause (any such amount required to be repaid being a "Disgorged Amount"), then such Creditor (the "Disgorged Creditor") shall have a claim under Section 2.03 in an amount equal to the Disgorged Amount, and the Collateral Agent shall pay the Disgorged Amount to such Disgorged Creditor in the order of priority set forth in Section 2.03 as if payment in respect of such Disgorged Amount had never been made by the Collateral Agent to such Disgorged Creditor hereunder; provided, however, that any amounts payable by the Collateral Agent to a Disgorged Creditor pursuant to this Section 2.09 shall be payable solely from Proceeds, if any, and no Creditor shall acquire direct or participating interests in such Disgorged Creditor's Obligations or be required to pay to the Collateral Agent, a Disgorged Creditor or any other Person any amounts in respect of any Disgorged Amounts. If this Agreement or the Security Documents have terminated and any payment actually received by any Creditor is subsequently invalidated, rescinded, declared to be fraudulent or preferential or set aside and is required to be repaid under any bankruptcy or other similar law, then this Agreement and the Security Documents shall be reinstated and their provisions will continue in effect for the benefit of such Creditor until such amounts are fully and finally paid in cash.
Bankruptcy Preferences. If any payment to a Senior Secured Party is subsequently invalidated, declared to be fraudulent or preferential or set aside and is required to be repaid to a trustee, receiver or any other party under any Debtor Relief Law, and such Senior Secured Party has previously made a deposit in respect of such payment into the Special Collateral Account pursuant to Section 5.10, then the Collateral Agent shall distribute to such Senior Secured Party proceeds from the Special Collateral Account in an amount equal to such deposit or so much thereof as is affected by such events together with any interest earned thereon (which amount of interest shall not exceed the amount of interest, if any, such Senior Secured Party is then required to repay).
Bankruptcy Preferences. If any payment to a Holder is subsequently invalidated, declared to be fraudulent or preferential or set aside and is required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, and such Holder has previously made a deposit in respect of such payment into the Special Trust Account pursuant to Section 821, then, promptly after receipt of notice from such Holder of such repayment and the amount thereof (on which notice the Trustee shall be entitled conclusively to rely), the Trustee shall distribute to such Holder proceeds from the Special Trust Account in an amount equal to such deposit or so much thereof as is affected by such events, and if, due to previous disbursements to the Holders pursuant to Section 821(3), the proceeds in the Special Trust Account are insufficient for such purpose, then each other Holder shall pay to such Holder upon demand an amount equal to a ratable portion of such disbursements of the deposit which was distributed to each such Holder according to the aggregate amounts so distributed to each such Holder, in each case, so that the affected Holder can make such repayment.
Bankruptcy Preferences. The Guarantors hereby agree, promise and covenant, and hereby agree with Lionhart, LHI and GEP, as follows:
