Common use of Compelled Return of Payments or Proceeds Clause in Contracts

Compelled Return of Payments or Proceeds. If Lender is for any reason compelled to surrender any payment or any proceeds of Collateral because such payment or the application of such proceeds is for any reason invalidated, declared fraudulent, set aside, or determined to be void or voidable as a preference, an impermissible setoff, or a diversion of trust funds, then this Agreement and the Loan Obligations to which such payment or proceeds was applied or intended to be applied shall be revived as if such application was never made; and Borrower shall be liable to pay to Lender, and shall indemnify Lender for and hold Lender harmless from any loss with respect to, the amount of such payment or proceeds surrendered. This Section shall be effective notwithstanding any contrary action Lender may take in reliance upon its receipt of any such payment or proceeds. Any such contrary action so taken by Lender shall be without prejudice to Lender's rights under this Agreement and shall be deemed to have been conditioned upon the application of such payment or proceeds having become final and irrevocable. The provisions of this Section shall survive termination of the Revolving Commitment and the payment and satisfaction of all of the Loan Obligations.

Compelled Return of Payments or Proceeds. If Lender is for any reason compelled to surrender any payment or any proceeds of any Collateral because such payment or the application of such proceeds is for any reason invalidated, declared fraudulent, set aside, or determined to be void or voidable as a preference, an impermissible setoff, or a diversion of trust funds, then this Agreement and the Loan Obligations to which such payment or proceeds was applied or intended to be applied shall be revived as if such application was never made; and Borrower shall be liable to pay to Lender, and shall indemnify Lender for and hold Lender harmless from any loss with respect to, the amount of such payment or proceeds surrendered. This Section shall be effective notwithstanding any contrary action that Lender may take in reliance upon its receipt of any such payment or proceeds. Any such contrary action so taken by Lender shall be without prejudice to Lender's rights under this Agreement and shall be deemed to have been conditioned upon the application of such payment or proceeds having become final and irrevocable. The provisions of this Section shall survive termination of the Revolving Commitment Commitments, and the payment and satisfaction of all of the Loan Obligations.

Compelled Return of Payments or Proceeds. If Lender is for any reason compelled to surrender any payment or any proceeds of Collateral because such payment or the application of such proceeds is for any reason invalidated, declared fraudulent, set aside, or determined to be void or voidable as a preference, an impermissible setoff, or a diversion of trust funds, then this Agreement Agreement, the Guaranty and the Loan Obligations to which such payment or proceeds was applied or intended to be applied shall be revived with respect thereto as if such application was never made; and Borrower shall be liable to pay to Lender, and shall indemnify Lender for and hold Lender harmless from any loss with respect to, the amount of such payment or proceeds surrendered. This Section shall be effective notwithstanding any contrary action Lender may take in reliance upon its receipt of any such payment or proceedspayment. Any such contrary action so taken by Lender shall be without prejudice to Lender's rights under this Agreement and shall be deemed to have been conditioned upon the application of such payment or proceeds having become final and irrevocableindefeasible. The provisions of this Section shall survive termination of the Revolving Commitment Commitment, the expiration of the Letters of Credit and the payment and satisfaction of all of the Loan Obligations.

Compelled Return of Payments or Proceeds. If Lender is for any reason compelled to surrender any payment or any proceeds of the Collateral because such payment or the application of such proceeds is for any reason invalidated, declared fraudulent, set aside, or determined to be void or voidable as a preference, an impermissible setoff, or a diversion of trust funds, then this Agreement and the Loan Obligations to which such payment or proceeds was applied or intended to be applied shall be revived as if such application was never made; and Borrower shall be liable to pay to Lender, and shall indemnify Lender for and hold Lender harmless from any loss with respect to, the amount of such payment or proceeds surrendered. This Section shall be effective notwithstanding any contrary action Lender may take in reliance upon its receipt of any such payment or proceeds. Any such contrary action so taken by Lender shall be without prejudice to Lender's rights under this Agreement and shall be deemed to have been conditioned upon the application of such payment or proceeds having become final and irrevocable. The provisions of this Section shall survive termination of the Revolving Commitment and the payment and satisfaction of all of the Loan Obligations.

Compelled Return of Payments or Proceeds. If Lender is for any reason compelled to surrender any payment or any proceeds of Collateral any collateral under the Security Agreement because such payment or the application of such proceeds is for any reason invalidated, declared fraudulent, set aside, or determined to be void or voidable as a preference, an impermissible setoff, or a diversion of trust funds, then this Agreement and the Loan Obligations to which such payment or proceeds was applied or intended to be applied shall be revived as if such application was never made; and Borrower shall be liable to pay to Lender, and shall indemnify Lender for and hold Lender harmless from any loss with respect to, the amount of such payment or proceeds surrendered. This Section shall be effective notwithstanding any contrary action that Lender may take in reliance upon its receipt of any such payment or proceeds. Any such contrary action so taken by Lender shall be without prejudice to Lender's ’s rights under this Agreement and shall be deemed to have been conditioned upon the application of such payment or proceeds having become final and irrevocable. The provisions of this Section shall survive termination of the Revolving Commitment and the payment and satisfaction of all of the Loan Obligations.

Compelled Return of Payments or Proceeds. If a Lender is for any reason compelled to surrender any payment or any proceeds of the Collateral because such payment or the application of such proceeds is for any reason invalidated, declared fraudulent, set aside, or determined to be void or voidable as a preference, an impermissible setoff, or a diversion of trust funds, then this Agreement and the Loan Obligations to which such payment or proceeds was applied or intended to be applied shall be revived as if such application was never mademade for all purposes, including, without limitation, the calculation of interest; and Borrower shall be liable to pay to such Lender, and shall indemnify such Lender for and hold such Lender harmless from any loss with respect to, the amount of such payment or proceeds surrendered. This Section shall be effective notwithstanding any contrary action such Lender may take in reliance upon its receipt of any such payment or proceeds. Any such contrary action so taken by such Lender shall be without prejudice to such Lender's rights under this Agreement and shall be deemed to have been conditioned upon the application of such payment or proceeds having become final and irrevocable. The provisions of this Section shall survive termination of the Revolving Commitment Commitments, the expiration of the Letter of Credits and the payment and satisfaction of all of the Loan Obligations.

Compelled Return of Payments or Proceeds. If Lender is for any reason compelled to surrender any payment or any proceeds of Collateral from Borrower because such payment or the application of such proceeds is for any reason invalidated, declared fraudulent, set aside, or determined to be void or voidable as a preference, an impermissible setoff, or a diversion of trust funds, then this Agreement each Loan Document and the Loan Obligations to which such payment or proceeds was applied or intended to be applied shall be revived with respect thereto as if such application was never made; and Borrower shall be liable to pay to Lender, and shall indemnify Lender for for, and hold Lender harmless from from, any loss with respect to, the amount of such payment or proceeds surrendered. This Section shall be effective notwithstanding any contrary action Lender may take in reliance upon its receipt of any such payment or proceedspayment. Any such contrary action so taken by Lender shall be without prejudice to Lender's rights under this Agreement and shall be deemed to have been conditioned upon the application of such payment or proceeds having become final and irrevocableindefeasible. The provisions of this Section shall survive termination of the Revolving Commitment Commitment, the expiration of the Letters of Credit and the payment and satisfaction of all of the Loan Obligations.

Compelled Return of Payments or Proceeds. If Lender is for any reason compelled to surrender any payment or any proceeds of Collateral any collateral under the Security Agreement or the Pledgor Security Documents because such payment or the application of such proceeds is for any reason invalidated, declared fraudulent, set aside, or determined to be void or voidable as a preference, an impermissible setoff, or a diversion of trust funds, then this Agreement and the Loan Obligations to which such payment or proceeds was applied or intended to be applied shall be revived as if such application was never made; and Borrower shall be liable to pay to Lender, and shall indemnify Lender for and hold Lender harmless from any loss with respect to, the amount of such payment or proceeds surrendered. This Section shall be effective notwithstanding any contrary action that Lender may take in reliance upon its receipt of any such payment or proceeds. Any such contrary action so taken by Lender shall be without prejudice to Lender's rights under this Agreement and shall be deemed to have been conditioned upon the application of such payment or proceeds having become final and irrevocable. The provisions of this Section shall survive termination of the Revolving Commitment and the payment and satisfaction of all of the Loan Obligations.

Compelled Return of Payments or Proceeds. If Lender is for any reason compelled to surrender any payment or any proceeds of Collateral because such payment or the application of such proceeds is for any reason invalidated, declared fraudulent, set aside, or determined to be void or voidable as a preference, an impermissible setoff, or a diversion of trust funds, then this Agreement and the Loan Obligations to which such payment or proceeds was applied or intended to be applied shall be revived as if such application was never made; and Borrower shall be liable to pay to Lender, and shall indemnify Lender for and hold Lender harmless from any loss with respect to, the amount of such payment or proceeds surrendered. This Section shall be effective notwithstanding any contrary action that Lender may take in reliance upon its receipt of any such payment or proceeds. Any such contrary action so taken by Lender shall be without prejudice to Lender's rights under this Agreement and shall be deemed to have been conditioned upon the application of such payment or proceeds having become final and irrevocableindefeasible. The provisions of this Section shall survive termination of the Revolving Commitment Commitment, and the payment and satisfaction of all of the Loan Obligations.