Judgments Binding Clause Samples

Judgments Binding. If claim is ever made upon any Bank, any subsequent holder of a Note for repayment or recovery of any amount or amounts received in payment or on account of any of the indebtedness and any of the aforesaid payees repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property, or (b) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrower) then and in such event Holdings agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings, notwithstanding any revocation hereof or the cancellation of any Note, or other instrument evidencing any liability of the Borrower, and Holdings shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by any such payee.

Judgments Binding. If claim is ever made upon any Canadian Lender for repayment or recovery of any amount or amounts received in payment or on account of any of the Canadian Obligations and such Canadian Lender repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property, or (b) any settlement or compromise of any such claim effected by such Canadian Lender with any such claimant (including any Canadian Revolving Loan Borrower) then and in such event the U.S. Borrower agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the U.S. Borrower, notwithstanding any revocation hereof or the cancellation of any Canadian Revolving Credit Note, or other instrument evidencing any liability of the Canadian Revolving Loan Borrowers, and the U.S. Borrower shall be and remain liable to the Canadian Lenders hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by any such payee.

Judgments Binding. If claim is ever made upon any of the ----------------- Banks, the Issuing Bank, any of the Agents, any subsequent holder of a Note or issuer of, or participant in, any Letter of Credit for repayment or recovery of any amount or amounts received in payment or on account of any of the indebtedness and any of the aforesaid payees repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (b) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrower) then and in such event each of the Subsidiary Guarantors agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Subsidiary Guarantors, notwithstanding any revocation hereof or the cancellation of any Note, or other instrument evidencing any liability of any other Credit Party, and each of the Subsidiary Guarantors shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by any such payee.

Judgments Binding. If claim is ever made upon any Lender for repayment or recovery of any amount or amounts received in payment or on account of any of the Guaranteed Obligations and such Lender repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property, or (b) any settlement or compromise of any such claim effected by such Lender with any such claimant (including any Canadian Revolving Loan Borrower or the U.S. Subsidiary Borrower) then and in such event the U.S. Borrower agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the U.S. Borrower, notwithstanding any revocation hereof or the cancellation of any Revolving Note, or other instrument evidencing any liability of the Canadian Revolving Loan Borrowers or the U.S. Subsidiary Borrower, and the U.S. Borrower shall be and remain liable to the Lenders hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by any such payee.

Judgments Binding. If claim is ever made upon any Guaranteed Creditor for repayment or recovery of any amount or amounts received in payment or on account of any of the indebtedness and such Guaranteed Creditor repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property, or (b) any settlement or compromise of any such claim effected by such Guaranteed Creditor with any such claimant (including the Borrower) then and in such event each of Holdings and the US Borrower agrees that any such judgment, decree, order, settlement or compromise shall be binding upon Holdings and the US Borrower, notwithstanding any revocation hereof or the cancellation of any Note, or other instrument evidencing any liability of the Guaranteed Parties, and Holdings and the US Borrower shall be and remain liable to the Guaranteed Creditors hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by any such payee.

Judgments Binding. If claim is ever made upon any Lender, any subsequent holder of a promissory note or issuer of, or participant in, any Letter of Credit for repayment or recovery of any amount or amounts received in payment or on account of any of the indebtedness and any of the aforesaid payees repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property, or (b) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Puerto Rico Borrower) then and in such event the United States Borrower agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the United States Borrower, notwithstanding any revocation hereof or the cancellation of any promissory note, or other instrument evidencing any liability of the Puerto Rico Borrower, and the United States Borrower shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by any such payee. ARTICLE X

Judgments Binding. SCHEDULE I Commitments SCHEDULE II Existing Letters of Credit SCHEDULE III Projections SCHEDULE IV Tax Matters SCHEDULE V ERISA SCHEDULE VI Material Contracts SCHEDULE VII Real Property SCHEDULE VIII Capitalization SCHEDULE IX Subsidiaries SCHEDULE X Patents and Licenses SCHEDULE XI Existing Indebtedness SCHEDULE XII Insurance SCHEDULE XIII Existing Liens EXHIBIT A Notice of Borrowing EXHIBIT B-1 Term Note EXHIBIT B-2 Revolving Note EXHIBIT C Notice of Conversion EXHIBIT D Letter of Credit Request EXHIBIT E Section 3.04(b)(ii) Certificate EXHIBIT F Form of Opinion of Reboul, MacMurray, Hewi▇▇, ▇▇▇▇▇▇▇ & ▇ristol EXHIBIT G Officers' Certificate of Credit Parties EXHIBIT H Subsidiaries Guaranty EXHIBIT I-1 Holdings Pledge Agreement EXHIBIT I-2 Partnership Pledge Agreement EXHIBIT J Security Documents Acknowledgment EXHIBIT K Solvency Certificate EXHIBIT L Consent Letter EXHIBIT M Borrowing Base Certificate EXHIBIT N Bank Assignment and Assumption Agreement AMENDED AND RESTATED CREDIT AGREEMENT, dated as of July 7, 1997, amended and restated as of May 8, 1998, among GOLDEN SKY HOLDINGS, INC., a corporation organized and existing under the laws of the State of Delaware ("Holdings"), GOLDEN SKY SYSTEMS, INC., a corporation organized and existing under the laws of the State of Delaware (the "Borrower"), the Banks party hereto from time to time, BANQUE PARIBAS, as Syndication Agent, FLEET NATIONAL BANK, as Administrative Agent, and GENERAL ELECTRIC CAPITAL CORPORATION, as Documentation Agent. Unless otherwise defined herein, all capitalized terms used herein and defined in Section 10 are used herein as therein defined.

Judgments Binding. If claim is ever made upon any of the Banks, the Issuing Bank, any of the Agents, any subsequent holder of a Note or issuer of, or participant in, any Letter of Credit for repayment or recovery of any amount or amounts received in payment or on account of any of the indebtedness and any of the aforesaid payees repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over such payee or any of its property or (b) any settlement or compromise of any such claim effected by such payee with any such claimant (including the Borrower) then and in such event each of the Subsidiary Guarantors agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Subsidiary Guarantors, notwithstanding any revocation hereof or the cancellation of any Note, or other instrument evidencing any liability of any other Credit Party, and each of the Subsidiary Guarantors shall be and remain liable to the aforesaid payees hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by any such payee.