Discharge; Reinstatement in Certain Circumstances. Subject to Section 4.06, the Guarantor’s obligations under this Article II shall remain in full force and effect until the Commitments are terminated and the principal of and interest on the Loans and all other amounts payable by the Borrower under the Loan Documents shall have been paid in full. If at any time any payment of the principal of or interest on any Loan or any other amount payable by the Borrower under any Loan Document is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of any other Obligor or otherwise, the Guarantor’s obligations under this Article II with respect to such payment shall be reinstated at such time as though such payment had become due but had not been made at such time.
Discharge; Reinstatement in Certain Circumstances. Each Canadian Guarantor’s obligations hereunder shall remain in full force and effect until the latest to occur of (i) payment in full in cash of the principal of and interest (including interest accruing on or after the commencement of any Insolvency or Liquidation Proceeding), whether or not a claim for such interest is, or would be, allowed in such Insolvency or Liquidation Proceeding) and premium, if any, on all indebtedness outstanding under the Revolving Credit Facility and termination of all commitments to lend or otherwise extend credit to the Loan Parties under the Finance Documents, (ii) payment in full in cash of all other Guaranteed Obligations that are due and payable or otherwise accrued and owing at or prior to the time such principal and interest are paid (including reasonable and documented legal fees and other out-of-pocket expenses, costs or charges accruing on or after the commencement of any Insolvency or Liquidation Proceeding, whether or not a claim for such fees, expenses, costs or charges is, or would be, allowed in such Insolvency or Liquidation Proceeding, in each case, due in accordance with the Finance Documents, but excluding contingent indemnification obligations), (iii) termination, cancellation or cash collateralization (in an amount required by the Credit Agreement) of, all Letters of Credit issued or deemed issued under the Loan Documents, (iv) termination or cash collateralization (in an amount required by the Credit Agreement) of all Secured Hedge Agreements, unless other arrangements reasonably satisfactory to the applicable Hedge Bank have been made with respect to such Secured Hedge Agreements and (v) termination or cash collateralization (in an amount required by the Credit Agreement) of all Secured Cash Management Agreements, unless other arrangements reasonably satisfactory to the applicable Cash Management Bank have been made with respect to such Cash Management Agreements (the occurrence of all of the foregoing being referred to herein as the “Discharge of Finance Obligations”). No payment or payments made by any Other Loan Party or any other Person or received or collected by any Secured Party from any Other Loan Party or any other Person by virtue of any action or proceeding or any set-off or appropriation or application at any time or from time to time in reduction of or in payment of the Guaranteed Obligations shall be deemed to modify, reduce, release or otherwise affect the liability of any Canadian Guaran...
Discharge; Reinstatement in Certain Circumstances. The Guarantor’s obligations hereunder shall remain in full force and effect until the latest to occur of:
Discharge; Reinstatement in Certain Circumstances. Each Subsidiary Guarantor’s obligations hereunder shall remain in full force and effect until the earlier to occur of (i) the date when all of the Guaranteed Obligations shall have been indefeasibly paid in full in cash or satisfied in full, as the case may be, or (ii) the date on which such Subsidiary Guarantor is released from liability under the Credit Agreement Guaranty (herein, the “Termination Conditions”). Until one of the Termination Conditions is satisfied, all of the rights and remedies under this Guaranty shall survive. If at any time while this Guaranty is in effect any payment of the Accreted Principal Amount of and interest, if any (including Additional Interest, if any), on any Securities or any other amount payable or deliverable by the Company or any other party under the Indenture or any Securities are rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Company or otherwise, each Subsidiary Guarantor’s obligations hereunder with respect to such payment shall be reinstated as though such payment had been due but not made at such time.
Discharge; Reinstatement in Certain Circumstances. This Guaranty will remain in full force and effect until the principal and interest of the Note and all of the other Liabilities have been paid or performed in full and until a period of one (1) year, beginning with the date of the last payment made by or on behalf of the Debtor, has elapsed during which no petition in bankruptcy has been filed by or against the Debtor or any other Party. If at any time any payment or performance by the Debtor under any of the Settlement Documents is rescinded or is required to be restored or returned because of insolvency, bankruptcy, reorganization or otherwise, the Guarantor's obligations hereunder with respect to such payment or performance will be reinstated as though such payment had been due or performance required, but not paid or performed at the time of such rescission or requirement. The Guarantor agrees that payment or performance of any of the Liabilities or other acts that toll any statute of limitations applicable to the Liabilities will also toll the statute of limitations applicable to the Guarantor's liability hereunder.
Discharge; Reinstatement in Certain Circumstances. (a) The Guarantor's obligations under this Article 2 shall remain in full force and effect until all Guaranteed Obligations (other than those described in clause (d) of the definition thereof) shall have been paid in full, all Commitments shall have terminated and all outstanding Letters of Credit shall have terminated or been cancelled (or cash collateralized or otherwise supported in a manner satisfactory to the Collateral Agent). If at any time any payment of any Guaranteed Obligation is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Borrower or otherwise, the Guarantor's obligations under this Article 2 with respect to such payment shall be reinstated at such time as though such payment had become due but had not been made at such time.
Discharge; Reinstatement in Certain Circumstances. (a) Subject to Section 2.03, the Subsidiary Guarantors, obligations under this Article II shall remain in full force and effect until the principal of and interest on the Notes and other amounts payable by the Company under any Financing Document shall have been paid in full. If at any time any payment of the principal of or interest on any Note or any other amount payable by the Company under any Financing Document is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Company or otherwise, the Subsidiary Guarantors' obligations under this Article II with respect to such payment shall be reinstated at such time as though such payment had become due but had not been made at such time.
Discharge; Reinstatement in Certain Circumstances. The Guarantors’ obligations under this Article II shall remain in full force and effect until Payment In Full. If at any time any payment of the principal of or interest on any Loan or any other amount payable by the Borrower under any Loan Document is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of any other Loan Party or otherwise, the Guarantors’ obligations under this Article II with respect to such payment shall be reinstated at such time as though such payment had become due but had not been made at such time.
Discharge; Reinstatement in Certain Circumstances. This Guaranty shall remain in full force and effect until the principal and interest of the Note and all of the other Obligations shall have been paid or performed in full. If at any time any payment or performance by Borrower under any of the Financing Documents is rescinded or is required to be restored or returned because of insolvency, bankruptcy, reorganization or otherwise, Guarantor's obligations hereunder with respect to such payment or performance shall be reinstated as though such payment had been due or performance required, but not paid or performed, at the time of such rescission or requirement. Guarantor agrees that payment or performance of any of the Obligations or other acts which toll any statute of limitations applicable to the obligations shall also toll the statute of limitations applicable to Guarantor's liability hereunder.
Discharge; Reinstatement in Certain Circumstances. The obligations of each Guarantor (other than Seller) under this Article 7 shall remain in full force and effect until the earlier of (i) the time that its Guaranteed Obligations shall have been performed in full and (ii) the sale by Seller of all of the equity securities of such Guarantor to a Person other than an Affiliate of Seller or another Guarantor; provided that the obligations of such Guarantor hereunder shall terminate if, prior to the Closing, Seller shall obtain for the benefit of Buyer an irrevocable letter of credit, in the amount of $7,500,000 and otherwise reasonably satisfactory to Buyer, for the purpose of securing the payment of the Guaranteed Obligations hereunder. Any such letter of credit shall remain in full force and effect until (i) the third anniversary of the Closing Date or (ii) the second anniversary of the Closing Date if, prior to such anniversary, all of the equity securities of each of the Guarantors have been sold in one or more XLSource Sales. Except as provided in the immediately preceding sentence with respect to the obligation of Seller to provide a letter of credit, the obligations of Seller under this Article 7 shall remain in full force and effect until the time that its Guaranteed Obligations shall have been performed in full. If, at any time, any performance by any Person of any Guaranteed Obligation is rescinded or must be otherwise restored or returned, whether upon the insolvency, bankruptcy or reorganization of a Guarantor or otherwise, the obligations of the Guarantors hereunder with respect to such Guaranteed Obligation shall be reinstated at such time as though such Guaranteed Obligation had become due and had not been performed.
