Common use of Indefeasible Payment Clause in Contracts

Indefeasible Payment. The obligations under this Agreement shall not be considered indefeasibly paid unless and until all payments to Bank are no longer subject to any right on the part of any Person, including Borrower, Borrower as a debtor in possession, or any trustee (whether appointed pursuant to the Bankruptcy Code, or otherwise) of any of 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. Upon such full and final performance and indefeasible payment of the obligations under this Agreement, Bank shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Loan Documents to Cal Ex. In the event that, for any reason, any portion of such payments to Bank is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation 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 Cal Ex shall be liable for the full amount Bank is required to repay plus any and all costs and expenses (including attorneys’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Bank in connection therewith.

Indefeasible Payment. The obligations under this Agreement shall not be considered indefeasibly paid unless and until all payments to Bank are no longer subject to any right on the part of any Person, including Borrower, Borrower as a debtor in possession, or any trustee (whether appointed pursuant to the Bankruptcy Code, or otherwise) of any of 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. Upon such full and final performance and indefeasible payment of the obligations under this Agreement, Bank shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Loan Documents to Cal ExApio. In the event that, for any reason, any portion of such payments to Bank is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation 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 Cal Ex Apio shall be liable for the full amount Bank is required to repay plus any and all costs and expenses (including attorneys’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Bank in connection therewith.

Indefeasible Payment. The obligations under this Agreement Cal Ex Obligations shall not be considered indefeasibly paid unless and until all payments to Bank Lender are no longer subject to any right on the part of any Person, including BorrowerCal Ex, Borrower Cal Ex as a debtor in possession, or any trustee (whether appointed pursuant to the Bankruptcy Code, or otherwise) of any of BorrowerCal Ex’s assets 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. Upon such full and final performance and indefeasible payment of the obligations under this AgreementCal Ex Obligations, Bank Lender shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Cal Ex Loan Documents to Cal ExBorrower. In the event that, for any reason, any portion of such payments to Bank Lender is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation 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 Cal Ex Borrower shall be liable for the full amount Bank Lender is required to repay plus any and all costs and expenses (including attorneys’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Bank Lender in connection therewith.

Indefeasible Payment. The obligations under this Agreement Apio Obligations shall not be considered indefeasibly paid unless and until all payments to Bank Lender are no longer subject to any right on the part of any Person, including BorrowerApio, Borrower Apio as a debtor in possession, or any trustee (whether appointed pursuant to the Bankruptcy Code, or otherwise) of any of BorrowerApio’s assets 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. Upon such full and final performance and indefeasible payment of the obligations under this AgreementApio Obligations, Bank Lender shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Apio Loan Documents to Cal ExBorrower. In the event that, for any reason, any portion of such payments to Bank Lender is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation 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 Cal Ex Borrower shall be liable for the full amount Bank Lender is required to repay plus any and all costs and expenses (including attorneys’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Bank Lender in connection therewith.

Indefeasible Payment. The obligations under this Agreement Obligations shall not be considered indefeasibly paid unless and until all payments to Bank are no longer subject to any right on the part of any Person, including any Borrower, any Borrower as a debtor in possession, or any trustee (whether appointed pursuant to the Bankruptcy Code, or otherwise) of any of Borrower’s assets 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. Upon such full and final performance and indefeasible payment of the obligations under this AgreementObligations, Bank shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Loan Documents to Cal Exany Borrower. In the event that, for any reason, any portion of such payments to Bank is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation 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 Cal Ex any Borrower shall be liable for the full amount Bank is required to repay plus any and all costs and expenses (including attorneys’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Bank in connection therewith.

Indefeasible Payment. The obligations under this Agreement Obligations shall not be considered indefeasibly paid unless and until all payments to Bank are no longer subject to any right on the part of any Person, including any Borrower, any Borrower as a debtor in possession, or any trustee (whether appointed pursuant to the Bankruptcy Code, or otherwise) of any of Borrower’s assets 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. Upon such full and final performance and indefeasible payment of the obligations under this AgreementObligations, Bank shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Loan Documents to Cal Exany Borrower. In the event that, for any reason, any portion of such payments to Bank is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation 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 Cal Ex any Borrower shall be liable for the full amount Bank is required to repay plus any and all costs and expenses (including attorneys’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Bank in connection therewith.

Indefeasible Payment. The obligations under this Agreement Obligations shall not be considered indefeasibly paid unless and until all payments to Bank Lender are no longer subject to any right on the part of any Person, including any Borrower, any Borrower as a debtor in possession, or any trustee (whether appointed pursuant to the Bankruptcy Code, or otherwise) of any of Borrower’s '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. Upon such full and final performance and indefeasible payment of the obligations under this AgreementObligations, Bank Lender shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Loan Documents to Cal Exany Borrower. In the event that, for any reason, any portion of such payments to Bank Lender is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation 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 Cal Ex any Borrower shall be liable for the full amount Bank Lender is required to repay plus any and all costs and expenses (including attorneys’ ' fees and attorneys’ ' fees incurred in proceedings brought under the Bankruptcy Code) paid by Bank Lender in connection therewith.

Indefeasible Payment. The obligations under this Agreement Obligations shall not be considered indefeasibly paid unless and until all payments to Bank are no longer subject to any right on the part of any Person, including any Borrower, any Borrower as a debtor in possession, or any trustee (whether appointed pursuant to the Bankruptcy Code, or otherwise) of any of Borrower’s assets 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. Upon such full and final performance and indefeasible payment of the obligations under this AgreementObligations, Bank shall have no obligation whatsoever to transfer or assign its interest in this Agreement and the Loan Documents to Cal Exany Borrower. In the event that, for any reason, any portion of such payments to Bank is set aside or restored, whether voluntarily or involuntarily, after the making thereof, then the obligation 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 Cal Ex any Borrower shall be liable for the full amount Bank is required to repay plus any and all costs and expenses (including reasonable attorneys’ fees and attorneys’ fees incurred in proceedings brought under the Bankruptcy Code) paid by Bank in connection therewith.