Common use of Indefeasible Payment Clause in Contracts

Indefeasible Payment. The Guarantied Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to the Beneficiaries are no longer subject to any right on the part of any person whomsoever, including the Borrower, any other Guarantor or any other Restricted Subsidiary, whether as a debtor in possession or otherwise, or any trustee (whether appointed under the Bankruptcy Code or otherwise) of any such Person’s assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event that, for any reason, all or any portion of such payments to the Beneficiaries is set aside or restored, whether voluntarily or involuntarily, after the making thereof, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and each Guarantor shall be liable for the full amount the Beneficiaries are required to repay plus any and all costs and expenses (including attorneys’ fees) paid by the Beneficiaries in connection therewith.

Indefeasible Payment. The Guarantied Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to the Beneficiaries Holders are no longer subject to any right on the part of any person whomsoever, including the BorrowerCompany, any other Guarantor or any other Restricted Subsidiary, whether the Company as a debtor in possession or otherwisepossession, or any trustee (whether appointed under the United States Bankruptcy Code or otherwise) of any such Person’s the Company's assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event thatIf, for any reason, all or any portion of such the payments to the Beneficiaries Holders is set aside or restored, whether voluntarily or involuntarily, after the making thereof, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and each Guarantor shall be liable for the full amount the Beneficiaries are Holders is required to repay plus any and all costs and expenses (including attorneys’ attorneys fees) paid by the Beneficiaries Holders in connection therewith.

Indefeasible Payment. The Guarantied Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to the Beneficiaries Lender and any Bank Product Provider are no longer subject to any right on the part of any person whomsoever, including the Borrower, any other Guarantor or any other Restricted Subsidiary, whether Borrower as a debtor in possession or otherwisepossession, or any trustee (whether appointed under the Bankruptcy Code or otherwise) of any such Person’s Borrower's assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event that, for any reason, all or any portion of such payments to the Beneficiaries Lender and any Bank Product Provider is set aside or restored, whether voluntarily or involuntarily, after the making thereof, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and each Guarantor shall be liable for the full amount the Beneficiaries Lender and any Bank Product Provider are required to repay plus any and all reasonable costs and expenses (including attorneys’ reasonable attorneys fees) paid by the Beneficiaries Lender or any Bank Product Provider in connection therewith.

Indefeasible Payment. The Guarantied Secured Obligations shall not be considered indefeasibly paid for purposes of this Guaranty Security Agreement unless and until all payments to Guarantied Parties under the Beneficiaries Subordinated Notes and Guaranties are no longer subject to any right on the part of any person whomsoeverperson, including the BorrowerPurchaser or Guarantor, any other Purchaser or Guarantor or any other Restricted Subsidiary, whether as a debtor in possession or otherwisepossession, or any trustee (whether appointed under the Bankruptcy Code or otherwise) of any such Person’s Purchaser or Guarantor or Purchaser's or Guarantor's assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event that, for any reason, all or any portion of such payments to the Beneficiaries Agent is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and each Guarantor shall be liable for the full amount the Beneficiaries are required to repay plus any and all costs and expenses (including attorneys’ fees) paid by the Beneficiaries in connection therewithmade.

Indefeasible Payment. The Guarantied Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to the Beneficiaries Lender Group and the Bank Product Providers are no longer subject to any right on the part of any person whomsoever, including the Borrower, any other Guarantor or any other Restricted Subsidiary, whether Borrower as a debtor in possession or otherwisepossession, or any trustee (whether appointed under the Bankruptcy Code or otherwise) of any such PersonBorrower’s assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event that, for any reason, all or any portion of such payments to the Beneficiaries Lender Group and the Bank Product Providers is set aside or restored, whether voluntarily or involuntarily, after the making thereof, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and each Guarantor the Guarantors shall be liable for the full amount the Beneficiaries Lender Group and Bank Product Providers are required to repay plus any and all reasonable costs and expenses (including attorneys’ reasonable attorneys fees) paid by the Beneficiaries Lender Group or the Bank Product Providers in connection therewith.

Indefeasible Payment. The Guarantied Obligations shall not be -------------------- considered indefeasibly paid for purposes of this Guaranty unless and until all payments to the Beneficiaries Lender Group are no longer subject to any right on the part of any person whomsoever, including the Borrowereach Debtor, any other a Debtor as a debtor in possession, Guarantor, Guarantor or any other Restricted Subsidiary, whether as a debtor in possession or otherwise, or any trustee (whether appointed under the Bankruptcy Code or otherwise) of any such Person’s a Debtor's assets or Guarantor's assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event that, for any reason, all or any portion of such payments to the Beneficiaries is Lender Group are set aside or restored, whether voluntarily or involuntarily, after the making thereof, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and each and, subject to Section 22 hereof, Guarantor shall be liable for the full amount the Beneficiaries are Lender ---------- Group is required to repay plus any and all costs and expenses (including reasonable attorneys’ ' fees) paid by the Beneficiaries Lender Group in connection therewith.

Indefeasible Payment. The Guarantied Obligations shall not be considered indefeasibly paid for purposes of this Guaranty unless and until all payments to the Beneficiaries Holders are no longer subject to any right on the part of any person whomsoever, including the BorrowerCompany or OC-PIN, any other Guarantor the Company or any other Restricted Subsidiary, whether OC-PIN as a debtor in possession or otherwisepossession, or any trustee (whether appointed under the United States Bankruptcy Code or otherwise) of any such Person’s the Company's or OC-PIN's assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereof, or to declare same to be fraudulent or preferential. In the event thatIf, for any reason, all or any portion of such the payments to the Beneficiaries Holders is set aside or restored, whether voluntarily or involuntarily, after the making thereof, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and each Guarantor shall be liable for the full amount the Beneficiaries Holders are required to repay plus any and all costs and expenses (including attorneys’ attorneys fees) paid by the Beneficiaries Holders in connection therewith.

Indefeasible Payment. The Guarantied Guaranteed Obligations shall not be considered indefeasibly paid for purposes of this Guaranty Guarantee unless and until all payments to the Beneficiaries Sellers are no longer subject to any right on the part of any person whomsoever, including the BorrowerBuyer, any other Guarantor or any other Restricted Subsidiary, whether Buyer as a debtor in possession or otherwisepossession, or any trustee (whether appointed under the U.S. Bankruptcy Code or otherwise) of any such PersonBuyer’s assets to invalidate or set aside such payments or to seek to recoup the amount of such payments or any portion thereofthereof in any bankruptcy, insolvency, or similar proceeding, or to declare same to be fraudulent or preferential. In the event that, for any reason, all or any portion of such payments to the Beneficiaries Sellers is set aside or restored, whether voluntarily or involuntarily, after the making thereof, the obligation or part thereof intended to be satisfied thereby shall be revived and continued in full force and effect as if said payment or payments had not been made and each Guarantor shall be liable for the full amount the Beneficiaries Sellers are required to repay plus any and all costs and expenses (including attorneys’ attorneys fees) paid by the Beneficiaries Sellers in connection therewith.