Common use of Marshaling; Reinstatement Clause in Contracts

Marshaling; Reinstatement. None of the Lenders nor the Administrative Agent nor any Person acting for or on behalf of the Lenders or the Administrative Agent shall have any obligation to marshal any assets in favor of any Borrower Guarantor or against or in payment of any or all of the Guaranteed Obligations. If any Borrower Guarantor or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any Lender or the Administrative Agent, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any Borrower Guarantor or any other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, each Borrower Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Guaranteed Obligations which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.

Marshaling; Reinstatement. None of the Lenders nor the Administrative Agent holders of Notes nor any Person acting for or on behalf of the Lenders or the Administrative Agent holders of Notes shall have any obligation to marshal any assets in favor of any Borrower Guarantor or against or in payment of any or all of the Guaranteed Obligations. If any Borrower Guarantor Guarantor, the Company or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any Lender holder of Notes or the Administrative Agentany holder of Notes receives any proceeds of collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to the Company, any Borrower Guarantor or any Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, each Borrower Guarantorthe Guarantors, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Guaranteed Obligations which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.

Marshaling; Reinstatement. None Each Guarantor agrees that none of the Tranche B Lenders nor the Administrative any Agent nor any Person acting for or on behalf of the Tranche B Lenders or the Administrative any Agent shall have any obligation to marshal any assets in favor of any Borrower such Guarantor or against or in payment of any or all of the Guaranteed Obligations. If any Borrower either Guarantor or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any Tranche B Lender or the Administrative any Agent, which payment or payments or any part thereof are is subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any Borrower Guarantor or any such Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, including without limitation, each Borrower GuarantorComercial or Vitrocrisa, under any bankruptcy law, "concurso mercantil", state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Guaranteed Obligations which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.

Marshaling; Reinstatement. None of the Lenders nor the Administrative Agent nor any Person acting for or on behalf of the Lenders or the Administrative Agent shall have any obligation to marshal any assets in favor of any Borrower Guarantor or against or in payment of any or all of the Guaranteed Obligations. If any Borrower Guarantor or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any Lender or the Administrative Agent, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any Borrower Guarantor or any other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, each Borrower Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Guaranteed Obligations which has been paid, reduced or satisfied by such amount shall 157 89826417_6 be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.