Common use of Marshalling; Payments Set Aside Clause in Contracts

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, and/or required to be repaid to a trustee, receiver, or any other party under any bankruptcy law, any other state or federal law, common law, or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, and remedies therefor or related thereto, be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their rights exercises any right of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their rights exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any No Agent nor any or Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), ) or the Administrative Agent, Collateral Agent, Agent or the Lenders enforce any security interests or exercise exercises their rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against against, or in payment of of, any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff setoff, or any part thereof thereof, are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation Obligation, or part thereof thereof, originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect effect, as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither None of any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf for the benefit of Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their rights exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any No Agent nor any or Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Credit Parties or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes the Credit Parties make a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), ) or the Administrative Agent, Collateral Agent, Agent or the Lenders enforce any security interests or exercise exercises their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender Holder shall be under any obligation to marshal any assets in favor of any Loan Note Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Note Party makes a payment or payments to the Administrative Agent or Lenders Holders (or to the Administrative Agent, on behalf of LendersHolders), or the Administrative Agent, Collateral Agent, Agent or Lenders Holders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Borrowers or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes the Borrowers make a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf Agent for the benefit of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or the Lenders (or to Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy lawBankruptcy Law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any No Holder or Collateral Agent nor any Lender shall be under any obligation to marshal any assets in favor of Parent Issuer, any Loan Party Guarantor or any other Person party or against or in payment of any or all of the Obligationsobligations. To the extent that Parent Issuer or any Loan Party Guarantor makes a payment or payments to Administrative Agent or Lenders any Holder (or to Administrative Agent, on behalf the Collateral Agent for the benefit of LendersHolders), or Administrative Agent, any Holder or Collateral Agent, or Lenders enforce Agent enforces any security interests or exercise exercises their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the ObligationsObligations under the Loan Documents. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any No Holder or Collateral Agent nor any Lender shall be under any obligation to marshal any assets in favor of the Company, any Loan Party Guarantor or any other Person party or against or in payment of any or all of the Obligationsobligations. To the extent that the Company or any Loan Party Guarantor makes a payment or payments to Administrative Agent or Lenders any Holder (or to Administrative Agent, on behalf the Collateral Agent for the benefit of LendersHolders), or Administrative Agent, any Holder or Collateral Agent, or Lenders enforce Agent enforces any security interests or exercise exercises their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Borrower or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party Borrower makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf Agent for the benefit of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender Bank shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or Lenders the Banks (or to the Administrative Agent, on behalf of Lendersthe Banks), or the Administrative Agent, Collateral Agent, Agent or Lenders the Banks enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other provincial, state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender Party shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or Lenders the Lender Parties (or to Administrative Agent, on behalf of Lendersthe Lender Parties), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender Party enforces any security interests or exercise their its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Borrower Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Borrower Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, Agent on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their rights exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Obligor or any other Person person or against or in payment of any or all of the Secured Obligations. To the extent that any Loan Party Obligor makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their rights exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person person or against or in payment of any or all of the Secured Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Company or any other Person or against or in payment of any or all of the ObligationsObligations or any other amount due hereunder. To the extent that any Loan Party Company makes a payment or payments to Administrative Agent or Lenders (or to Administrative Paying Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor the Agents not any Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Obligors or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party Obligor makes a payment or payments to the Administrative Agent or Lenders any Lender (or to the Administrative Agent, on behalf Agent for the benefit of Lendersany Lender), or the Administrative Agent, Collateral Agent, Agent or Lenders enforce any Lender enforces any security interests interest or exercise their exercises rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liensliens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither None of any Agent Agent, Arranger nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their rights exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to Administrative Agent Agents or Lenders (or to Administrative any Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any No Agent nor any or Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party the Borrower makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), ) or the Administrative Agent, Collateral Agent, Agent or the Lenders enforce any security interests or exercise exercises their rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other foreign or domestic, federal or state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf of Lenders), or the Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests Liens or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any No Agent nor any or Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party the Borrower makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), ) or the Administrative Agent, Collateral Agent, Agent or the Lenders enforce any security interests or exercise exercises their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or the Administrative Agent, Collateral Agent, Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state state, provincial, or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their rights exercises any right of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders), or the Administrative Agent, Collateral Agent, Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender other Secured Party shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative the Facility Agent or Lenders (or to Administrative the Facility Agent, on behalf of the Lenders)) or any other Secured Party, or Administrative Agent, Collateral Agent, any Agent or Lenders enforce any security interests other Secured Party enforces any Lien or exercise their exercises its rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof thereof, are subsequently invalidated, declared to be fraudulent or preferential, set aside, and/or aside or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, applicable law relating to a Bankruptcy Event or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Company or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party the Company makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf Agent or Collateral Agent for the benefit of the Lenders), or Administrative Agent, Collateral Agent, any Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of Borrower, any Loan other Credit Party or any other Person party or against or in payment of any or all of the Obligations. To the extent that Borrower or any Loan other Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf Agent for the benefit of Lenders), or Administrative Agent, Collateral Agent, Agents or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Obligor or any other Person or against or in payment of any or all of the Term Loan Obligations. To the extent that any Loan Party Obligor makes a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf of Lenders), or the Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent Agent, or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any the Collateral Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party Borrower makes a payment or payments to Administrative the Facility Agent or the Lenders (or to Administrative the Facility Agent, on behalf of the Lenders), or Administrative Agent, the Collateral Agent, Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Company or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party the Company makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf Agent for the benefit of the Lenders), or Administrative Agent, Collateral Agent, the Agents or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or the Lenders enforce any security interests or exercise their rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf of Lendersthe Secured Parties), or the Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests Liens or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders any Lender (or to Administrative Agent, on behalf of Lendersany Lender), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their rights exercises any right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state State or federal Federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be -100- revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or the Lenders (or to Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce any Lender enforces any security interests or exercise their rights exercises any right of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent Agents or Lenders (or to Administrative AgentAgents, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agents or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Borrower or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party the Borrower makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf Agent for the benefit of the Lenders), or Administrative Agent, Collateral Agent, any Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender Purchaser shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative the Note Agent or Lenders the Purchasers (or to Administrative the Note Agent, on behalf of Lendersthe Purchasers), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Purchaser enforces any security interests or exercise their rights exercises any right of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf of Lenders), or the Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any No Holder or Collateral Agent nor any Lender shall be under any obligation to marshal any assets in favor of Issuer, any Loan Party Guarantor or any other Person party or against or in payment of any or all of the Obligationsobligations. To the extent that Issuer or any Loan Party Guarantor makes a payment or payments to Administrative Agent or Lenders any Holder (or to Administrative Agent, on behalf the Collateral Agent for the benefit of LendersHolders), or Administrative Agent, any Holder or Collateral Agent, or Lenders enforce Agent enforces any security interests or exercise exercises their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), Lenders or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Restricted Person or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party Restricted Person makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or the Administrative Agent, Collateral Agent, Agent or the Lenders enforce any security interests or exercise their rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, Agent on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part 107 EXECUTION 114 thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent, Collateral Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Company or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party the Company makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf Agent or Collateral Agent for the benefit of the Lenders), or Administrative Agent, Collateral Agent, any Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related Related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party Borrower makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or the Administrative Agent, Collateral Agent, Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Company or any other Person or against or in payment of any or all of the ObligationsObligations or any other amount due hereunder. To the extent that any Loan Party Company makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other - 120 - party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf of Lenders), or the Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders), or the Administrative Agent, the Collateral Agent, Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any None of Agent, Collateral Agent nor or any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Borrowers or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent, Collateral Agent or Lenders (or to Administrative Agent, on behalf Agent or Collateral Agent for the benefit of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent fraudu- lent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party Company makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf Agent for the benefit of Lendersthe Secured Creditors), or Administrative Agent, Collateral Agent, or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party similar official in respect of a Loan Party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent Agent, or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Borrower or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party Borrower makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf Agent for the benefit of Lenders), ) or Administrative Agent, Collateral Agent, Agent or Lenders or enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal Federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf of Lenders), or the Administrative Agent, Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any the Administrative Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Borrower or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party the Borrower makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of Lenders), or the Administrative Agent, Collateral Agent, Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy lawDebtor Relief Law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Secured Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their rights exercises any right of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Company or any other Person party or against or in payment of any or all of the Obligations. To the extent that any Loan Party Company makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf Agent or Collateral Agent for the benefit of the Lenders), or Administrative Agent, Collateral Agent, any Agent or the Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender Party shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or Lenders the Lender Parties (or to the Administrative Agent, on behalf of Lendersthe Lender Parties), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender Party enforces any security interests or exercise their its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent or Lenders (or to Administrative Agent, on behalf of Lenders), or Administrative Agent, Collateral Agent, or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, and/or required to be repaid to a trustee, receiver, or any other party under any bankruptcy law, any other state or federal law, common law, or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, and remedies therefor or related thereto, be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Borrowers or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the designee of the Administrative Agent or Lenders any Lender (or to Administrative Agent, the Collateral Agent on behalf of Lendersa Lender), the Collateral Agent or Administrative Agent, Collateral Agent, or Lenders any Lender enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Party makes a payment or payments to the Administrative Agent or the Lenders (or to the Administrative Agent, on behalf of the Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce Lender enforces any security interests or exercise their its rights of setoffset-off, and such payment or payments or the proceeds of such enforcement or setoff set-off or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party the Company or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to the Administrative Agent or Lenders (or to the Administrative Agent, on behalf of Lenders), or the Administrative Agent, the Collateral Agent, Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any DIP Agent nor any DIP Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative DIP Agent or DIP Lenders (or to Administrative DIP Agent, on behalf of DIP Lenders), or Administrative Agent, Collateral Agent, DIP Agent or DIP Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Credit Party or any other Person or against or in payment of any or all of the Obligations. To the extent that any Loan Credit Party makes a payment or payments to Administrative Agent, Collateral Agent or Lenders (or to Administrative Agent, Agent or Collateral Agent on behalf of Lenders), or Administrative Agent, Collateral Agent, any Agent or Lenders enforce any security interests or exercise their rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall not be under any obligation to marshal any assets in favor of Borrower, any other Loan Party or any other Person party or against or in payment of any or all of the Obligations. To the extent that Borrower or any other Loan Party makes a payment or payments to Administrative Agent the Lenders or Lenders Lender (or to Administrative Agent, on behalf Lender for the benefit of the Lenders), or Administrative Agent, Collateral Agent, Lender or the Lenders enforce any security interests or exercise their Lender exercises its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable causecause of action, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, rights, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. Neither any Agent nor any Lender shall be under any obligation to marshal any assets in favor of any Loan Party Borrower or any other Person Guarantor or Loan Party, or against or in payment of any or all of the Obligations. To the extent that any Loan Party Borrower makes a payment or payments to Administrative Agent or Lenders any Lender (or to Administrative Agent, on behalf Agent for the benefit of Lendersany Lender), or Administrative Agent, Collateral Agent, Agent or Lenders enforce any Lender enforces any security interests or exercise their exercises its rights of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, aside and/or required to be repaid to a trustee, receiver, receiver or any other party under any bankruptcy law, any other state or federal law, common law, law or any equitable causecase, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liensliens, rightssecurity interests, rights and remedies therefor or related thereto, shall be revived and continued in full force and effect as if such payment or payments had not been made or such enforcement or setoff had not occurred.