Common use of Continuation and Reinstatement, etc Clause in Contracts

Continuation and Reinstatement, etc. Each Guarantor agrees that, to the extent that the Borrower makes payments to the Agent, any Co-Documentation Agent or any Bank, or the Agent, any Co-Documentation Agent or any Bank receives any proceeds of collateral, and such payments or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, or otherwise required to be repaid, then to the extent of such repayment the Guaranteed Obligations shall be reinstated and continued in full force and effect as of the date such initial payment or collection of proceeds occurred. The Guarantor shall defend and indemnify the Agent, each Co-Documentation Agent and each Bank from and against any claim or loss under this Section 5 (including reasonable attorneys' fees and expenses) in the defense of any such action or suit.

Appears in 3 contracts

Samples: Credit Agreement (Arkansas Best Corp /De/), Credit Agreement (Arkansas Best Corp /De/), Credit Agreement (Arkansas Best Corp /De/)

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Continuation and Reinstatement, etc. Each Guarantor agrees that, to the extent that the Borrower makes payments to the Agent, any Co-Documentation Administrative Agent or any Bank, Lender or the Agent, any Co-Documentation Administrative Agent or any Bank Lender receives any proceeds of collateral, any property of Borrower or any Guarantor and such payments or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, or otherwise required to be repaid, then to the extent of such repayment the Guaranteed Obligations shall be reinstated and continued in full force and effect as of the date such initial payment or collection of proceeds occurred. The Guarantor shall defend and indemnify the Agent, each Co-Documentation Administrative Agent and each Bank Lender from and against any claim or loss under this Section 5 (including reasonable attorneys' ’ fees and expenses) in the defense of any such action or suit.

Appears in 1 contract

Samples: Guaranty and Contribution Agreement (Interstate Hotels & Resorts Inc)

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Continuation and Reinstatement, etc. Each Guarantor agrees ----------------------------------- that, to the extent that the Borrower makes payments to the Structuring Agent, any Co-Documentation Agent the Administrative Agents or any Bank, Bank or the Structuring Agent, any Co-Documentation the Administrative Agent or any Bank receives any proceeds of collateral, collateral and such payments or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, or otherwise required to be repaid, then to the extent of such repayment the Guaranteed Obligations shall be reinstated and continued in full force and effect as of the date such initial payment or collection of proceeds occurred. The Guarantor shall defend and indemnify the Structuring Agent, each Co-Documentation the Administrative Agent and each Bank from and against any claim or loss under this Section 5 (including reasonable attorneys' fees and expenses) in the defense of any such action or suit.

Appears in 1 contract

Samples: Credit Agreement (American General Hospitality Corp)

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