Common use of Marshalling; Payments Set Aside Clause in Contracts

Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or nor any other Co-Agent Issuing Bank shall be under any obligation to marshal any assets in favor of the Borrower Borrowers or any other party or against or in payment of any or all of the Obligations. To the extent that the a Borrower makes a payment or payments to the Administrative Agent, any Agent the Lenders or the Issuing Banks or any other Lender or any of such Person exercises its Persons 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, Neither Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the any Borrower or any other party or against or in payment of any or all of the ObligationsLiabilities. To the extent that the any Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or Agent or any such Person Lender enforces its security interests or 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, then state or federal law, common law or equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent the Lenders or any other Lender of such Persons receives payment from the proceeds of the Collateral or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower or Parent Guarantor, any other party or against or in payment of any or all of the Secured Obligations. To the extent that the Borrower or Parent Guarantor makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Lenders or any such Person receives payment from the proceeds of the Collateral or 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.. 100

Marshalling; Payments Set Aside. None of the Administrative Agent, any other The Lender or any other Co-Agent shall not be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower Company makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any such Person the Lender enforces the Liens under the Collateral Documents or 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 are subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Lender in its discretion) to be repaid to a trustee, receiver or any other partyparty in connection with any insolvency proceeding, then or otherwise, then, to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, any other The Lender or any other Co-Agent shall not be under any obligation to marshal any assets in favor of the Borrower any Guarantor or any other party Person or against or in payment of any or all of the Guaranteed Obligations. To the extent that any payment by or on behalf of the Borrower makes a payment or payments Company is made to the Administrative AgentLender, any Agent or any other the Lender or any such Person exercises its rights right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Lender in its discretion) to be repaid to a trustee, receiver or any other party, in connection with any Insolvency Proceeding or otherwise, then (i) to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, ------------------------------- Agent or any other Lender or any other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or any other Co-------------------------------- Agent nor the Banks shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower Company makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Banks, or any such Person exercises its the Administrative Agent or the Banks enforce their Liens 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 or required to be repaid to a trustee, receiver or any other partyparty in connection with any Insolvency Proceeding, or otherwise, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, any other The Lender or any other Co-Agent shall not be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any such Person exercises the Lender receives payment from the proceeds of the Collateral or exercise 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.. Credit Agreement

Marshalling; Payments Set Aside. None of the Administrative Agent, Neither any other Agent nor any Lender or any other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the any Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes Borrowers make a payment or payments to the Administrative AgentAgents or the Lenders, any Agent or any other Lender of such Persons receives payment from the proceeds of the Collateral or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, Neither any other Agent nor any Lender or any other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative AgentAgents or the Lenders, any Agent or any other Lender of such Persons receives payment from the proceeds of the Collateral or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or any other Co-Agent nor the Banks shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Banks, or any such Person exercises its the Administrative Agent or the Banks enforce their Liens 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 or required to be repaid to a trustee, receiver or any other partyparty in connection with any Insolvency Proceeding, or otherwise, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower Borrowers or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower Borrowers makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower or any other party or against or in payment of any or all of the ObligationsLiabilities. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any for the account of the Lenders, or the Agent enforces its security interests or the Agent or any other Lender or any such Person 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender Agent or any other Co-Agent Lender shall be under any obligation to marshal any assets in favor of the any Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the any Borrower makes a payment or payments to the Administrative Agent, any Agent the Lenders or any other Lender of such Persons receives payment from the proceeds of the Collateral or any such Person exercises its 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent shall not be under any obligation to marshal any assets asset in favor of the Borrower Loan Parties or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a any payment by or payments on behalf of Loan Parties is made to the Administrative Agent, any Agent or any other Lender or any such Person Lender exercises its rights right of setoff, and such payment or payments or the proceeds of such enforcement or setoff or any part thereof are is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by Lender in such Person’s discretion) to be repaid to a trustee, receiver or any other party, then in connection with any proceeding under any Bankruptcy Law or otherwise, then: to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or any other Co-------------------------------- Agent nor the Lenders shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower Company makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Lenders, or any such Person exercises its the Administrative Agent or the Lenders enforce their Liens 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 or required to be repaid to a trustee, receiver or any other partyparty in connection with any Insolvency Proceeding, or otherwise, then to the extent of such recovery, recovery the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, Neither Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrower any Obligor or any other party or against or in payment of any or all of the ObligationsLiabilities. To the extent that the Borrower any Obligor makes a payment or payments to the Administrative Agent, any Agent or any other Lender or Agent or any such Person Lender enforces its security interests or exercises its rights of to 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, then state or federal law, common law or equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower or Parent Guarantor or any other party or against or in payment of any or all of the Secured Obligations. To the extent that the Borrower or Parent Guarantor makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Lenders or any such Person receives payment from the proceeds of the Collateral or 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender the Collateral Agent or any other Co-Agent Lender shall be under any obligation to marshal any assets in favor of the Borrower any Borrower, any other Loan Party or any other party Person or against or in payment of any or all of the Obligations. To the extent that the any Borrower makes a payment or payments to the Administrative any Lender or Agent, any Agent or any other Lender or any of such Person Persons 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Neither Administrative Agent, Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower Company or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower Company makes a payment or payments to the Administrative Agent, any Agent or Lenders (or to Administrative Agent for the benefit of Lenders), or Administrative Agent or Lenders enforce any other Lender security interests or any such Person exercises its 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, then 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, right and remedies therefor, 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. None of Neither the Administrative Agent, ------------------------------- Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower Borrower, any other Loan Party or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender the Lenders, or any of such Person Persons 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or any other Co-Agent nor the Collateral Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the any Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the any Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or the Agent, the Collateral Agent or any such Person Lender enforces its security interests or 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, Neither Agent nor any other Lender or any other Co-Agent shall be under any obligation to marshal marshall any assets in favor of the Borrower or any other party or against or in againsx xx xx payment of any or all of the ObligationsLiabilities. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or Agent or any such Person Lender enforces its security interests or 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 or and/or required to be repaid to a trustee, receiver or any other partyparty under any bankruptcy law, then state or federal law, common law or equitable cause, then, to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent Issuing Bank shall be under any obligation to marshal marshall any assets in favor of the any Borrower or any other party or against ox xxxxxxt or in payment of any or all of the Obligations. To the extent that the such Borrower makes a payment or payments to the Administrative Agent, any Agent the Lenders or any other Lender the Issuing Banks or any such Person exercises exercise 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, Agent or any other Lender or any other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that the Borrower or any Qualified Borrower makes a payment or payments to the Administrative Agent, any the Agent or any other Lender or any such Person 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 or required to be repaid to a trustee, receiver re ceiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of Neither the Administrative Agent, any other Lender or nor any other Co-Agent Issuing Bank shall be under any obligation to marshal any assets in favor of the Borrower Borrowers or any other party or against or in payment of any or all of the Obligations. To the extent that the a Borrower makes a payment or payments to the Administrative Agent, any Agent the Lenders or the Issuing Bank or any other Lender or any of such Person exercises its Persons 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Marshalling; Payments Set Aside. None of the Administrative Agent, any other Lender or any other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that the Borrower makes a payment or payments to the Administrative Agent, any Agent or any other Lender or any such Person 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 or required to be repaid to a trustee, receiver or any other party, then to the extent of such recovery, the obligation or part thereof originally intended to be satisfied, and all Liens, right and remedies therefor, shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.