Common use of Disgorgement Clause in Contracts

Disgorgement. If Agent or any Lender is, for any reason, compelled by a court or other tribunal of competent jurisdiction to surrender or disgorge any payment, interest or other consideration described hereunder to any person because the same is determined to be void or voidable as a preference, fraudulent conveyance, impermissible set-off or for any other reason, such indebtedness or part thereof intended to be satisfied by virtue of such payment, interest, or other consideration shall be revived and continue as if such payment, interest, or other consideration had not been received by Agent or such Lender, and the Borrower shall be liable to, and shall indemnify, defend and hold Agent or such Lender harmless for, the amount of such payment or interest surrendered or disgorged. The provisions of this Section 6.10 shall survive execution and delivery of this Amendment and the documents, agreements, and instruments to be executed or delivered herewith.

Disgorgement. If Agent or any Lender is, for any reason, compelled by a court or other tribunal of competent jurisdiction to surrender or disgorge any payment, interest or other consideration described hereunder to any person because the same is determined to be void or voidable as a preference, fraudulent conveyance, impermissible set-off or for any other reason, such indebtedness or part thereof intended to be satisfied by virtue of such payment, interest, interest or other consideration shall be revived and continue as if such payment, interest, interest or other consideration had not been received by Agent or such Lender, and the Borrower Borrowers shall be liable to, and shall indemnify, defend and hold Agent or such Lender harmless for, the amount of such payment or interest surrendered or disgorged. The provisions of this Section 6.10 8.10 shall survive execution and delivery of this Amendment Agreement and the documents, agreements, agreements and instruments to be executed or delivered herewith.

Disgorgement. If Agent or any Lender is, for any reason, compelled by a court or other tribunal of competent jurisdiction to surrender or disgorge any payment, interest or other consideration described hereunder to any person because the same is determined to be void or voidable as a preference, fraudulent conveyance, impermissible set-off or for any other reason, such indebtedness or part thereof intended to be satisfied by virtue of such payment, interest, interest or other consideration shall be revived and continue as if such payment, interest, interest or other consideration had not been received by Agent or such Lender, and the Borrower Borrowers shall be liable to, and shall indemnify, defend and hold Agent or such Lender harmless for, the amount of such payment or interest surrendered or disgorged. The provisions of this Section 6.10 7.10 shall survive execution and delivery of this Amendment Agreement and the documents, agreements, agreements and instruments to be executed or delivered herewith.

Disgorgement. If Agent or any Lender is, for any reason, compelled by a court or other tribunal of competent jurisdiction to surrender or disgorge any payment, interest or other consideration described hereunder to any person because the same is determined to be void or voidable as a preference, fraudulent conveyance, impermissible set-off or for any other reason, such indebtedness or part thereof intended to be satisfied by virtue of such payment, interest, interest or other consideration shall be revived and continue as if such payment, interest, interest or other consideration had not been received by Agent or such Lender, and the Borrower Borrowers shall be liable to, and shall indemnify, defend and hold Agent or such Lender harmless for, the amount of such payment or interest surrendered or disgorged. The provisions of this Section 6.10 6.8 shall survive execution and delivery of this Amendment Agreement and the documents, agreements, agreements and instruments to be executed or delivered herewith.

Disgorgement. If Agent or any Lender is, for any reason, compelled by a court or other tribunal of competent jurisdiction to surrender or disgorge any payment, interest or other consideration described hereunder to any person because the same is determined to be void or voidable as a preference, fraudulent conveyance, impermissible set-off or for any other reason, such indebtedness or part thereof intended to be satisfied by virtue of such payment, interest, interest or other consideration shall be revived and continue as if such payment, interest, interest or other consideration had not been received by Agent or such Lender, and the Borrower Borrowers shall be liable to, and shall indemnify, defend and hold Agent or such Lender harmless for, the amount of such payment or interest surrendered or disgorged. The provisions of this Section 6.10 shall survive execution and delivery of this Amendment Agreement and the documents, agreements, agreements and instruments to be executed or delivered herewith.

Disgorgement. If Agent or any Lender is, for any reason, compelled by a court or other tribunal of competent jurisdiction to surrender or disgorge any payment, interest or other consideration described hereunder to any person because the same is determined to be void or voidable as a preference, fraudulent conveyance, impermissible set-off or for any other reason, such indebtedness or part thereof intended to be satisfied by virtue of such payment, interest, interest or other consideration shall be revived and continue as if such payment, interest, interest or other consideration had not been received by Agent or such Lender, and the Borrower Borrowers shall be liable to, and shall indemnify, defend and hold Agent or such Lender harmless for, the amount of such payment or interest surrendered or disgorged. The provisions of this Section 6.10 9.10 shall survive execution and delivery of this Amendment Agreement and the documents, agreements, agreements and instruments to be executed or delivered herewith.

Disgorgement. If Agent or any Lender is, for any reason, compelled by a court or other tribunal of competent jurisdiction to surrender or disgorge any payment, interest or other consideration described hereunder or in any other Loan Document to any person because the same is determined to be void or voidable as a preference, fraudulent conveyance, transfer-at-undervalue, impermissible set-off or for any other reason, such indebtedness or part thereof intended to be satisfied by virtue of such payment, interest, interest or other consideration shall be revived and continue as if such payment, interest, interest or other consideration had not been received by Agent or such Lender, and the Borrower shall be liable to, and shall indemnify, defend and hold Agent or such Lender harmless for, the amount of such payment payment, interest or interest other consideration surrendered or disgorged. The provisions of this Section 6.10 shall survive execution and delivery of this Amendment Agreement and the documents, agreements, agreements and instruments to be executed or delivered herewith.

Disgorgement. If any Agent or any Lender is, for any reason, compelled by a court or other tribunal of competent jurisdiction to surrender or disgorge any payment, interest or other consideration described hereunder to any person because the same is determined to be void or voidable as a preference, fraudulent conveyance, impermissible set-off or for any other reason, such indebtedness or part thereof intended to be satisfied by virtue of such payment, interest, interest or other consideration shall be revived and continue as if such payment, interest, interest or other consideration had not been received by Agent or such Lender, and the Borrower Borrowers shall be liable to, and shall indemnify, defend and hold Agent or such Lender harmless for, the amount of such payment or interest surrendered or disgorged. The provisions of this Section 6.10 8.11 shall survive execution and delivery of this Amendment Agreement and the documents, agreements, agreements and instruments to be executed or delivered herewith.