Common use of Marshalling; Payments Set Aside Clause in Contracts

Marshalling; Payments Set Aside. Neither the Administrative Agent, any Lender nor any Issuing Bank shall be under any obligation to marshal any assets in favor of the Borrowers or any other party or against or in payment of any or all of the Obligations. To the extent that a Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks or any of such 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. Neither the Administrative Agent, any The Lender nor any Issuing Bank shall be under any no obligation to marshal mxxxxxxx any assets in favor of the Borrowers any Borrower or any other party Person or against or in payment of any or all of the ObligationsLiabilities. To the extent that a Borrower makes a payment or payments to the Administrative Agent, the Lenders Lender or the Issuing Banks Lender enforces its Liens or any of such Persons 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 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 automatically 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. Neither the Administrative Agent, any Lender nor any Issuing Bank The Agent shall be under any no obligation to marshal mxxxxxxx any assets in favor of the Borrowers Borrower or any other party Person or against or in payment of any or all of the ObligationsLiabilities. To the extent that a the Borrower makes a payment or payments to the Administrative Agent, Agent for the benefit of Lenders or the Issuing Banks Agent enforces its Liens or any of such Persons 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 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. Neither the Administrative Agent, Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers any Borrower or any other party or against or in payment of any or all of the ObligationsLiabilities. To the extent that a any Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks Agent or any of such Persons exercise their Lender or Agent or any 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. Neither the Administrative Agent, any Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that a the Borrower makes a payment or payments to the Administrative Agent, the Lenders Agents or the Issuing Banks Lenders, or any of such Persons exercise their 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. Neither the Administrative Agent, any Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers any Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that a Borrower makes the Borrowers make a payment or payments to the Administrative Agent, the Lenders Agents or the Issuing Banks Lenders, or any of such Persons exercise their 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. Neither the Administrative Agent, any Lender Documentation Agent nor any Issuing Bank shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrowers Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that a Borrower the Company makes a payment or payments to the Administrative Agent, the Lenders Documentation Agent or the Issuing Banks, or the Documentation Agent or the Banks enforce their Liens or any of such Persons 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. Neither the Administrative Agent, any Lender Agent nor any Issuing Bank the Banks shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrowers Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that a Borrower the Company makes a payment or payments to the Administrative Agent, the Lenders Agent or the Issuing Banks, or the Administrative Agent or the Banks enforce their Liens or any of such Persons 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. Neither None of the Administrative Agent, any other Lender nor or any Issuing Bank other Co-Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that a the Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks any Agent or any of other Lender or any such Persons exercise their 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. Neither the Administrative Agent, any Lender nor any Issuing Bank Lenders shall be under any no obligation to marshal xxxxxxxx any assets in favor of the Borrowers any Borrower or any other party person or against or in payment of any or all of the Obligations. To the extent that a any Borrower makes a payment or payments to the Administrative Lenders or Agent, the or Lenders or the Issuing Banks Agent, on behalf of Lenders, enforce their or any of such Persons exercise its Liens or exercises their or 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 to be repaid to a trustee, receiver or any other partyparty under Title 11 of the United States Code or under any other similar federal or state law, common law or equitable cause, 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. Neither None of the Administrative Agent, any other Lender nor or any Issuing Bank other Co-Agent shall be under any obligation to marshal any assets in favor of the Borrowers or any other party or against or in payment of any or all of the Obligations. To the extent that a Borrower the Borrowers makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks any Agent or any of other Lender or any such Persons exercise their 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. Neither the Administrative Agent, Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that a the Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks or any of such Persons exercise their 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. Neither None of the Administrative Agent, ------------------------------- Agent or any other Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that a the Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks Agent or any of other Lender or any such Persons exercise their 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. Neither the Administrative Agent, any Lender Agent nor any Issuing Bank the Banks shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that a Borrower the Company makes a payment or payments to the Administrative Agent, the Lenders Agent or the Issuing Banks, or the Administrative Agent or the Banks enforce their Liens or any of such Persons 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. Neither the Administrative Agent, any Lender nor any Issuing Bank Secured Party shall be under any no obligation to marshal xxxxxxxx any assets in favor of the Borrowers any Debtor or any other party Person or against or in payment of any or all of the obligations of any Debtor under this Agreement or the Obligations. To the extent that a Borrower any Debtor makes a payment or payments to the Administrative Agent, the Lenders Secured Party or the Issuing Banks Secured Party enforces its security interests or any of such Persons 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 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. Neither the Administrative Agent, Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrowers 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 a the Borrower makes a payment or payments to the Administrative Agent, the Lenders Agent or the Issuing Banks Lenders, or any of such Persons 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 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. Neither the Administrative Agent, any Lender Documentation Agent nor any Issuing Bank shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrowers Company or any other party person or against or in payment of any or all of the Obligations. To the extent that a Borrower the Company makes a payment or payments to the Administrative Agent, the Lenders Documentation Agent or the Issuing Banks, or the Documentation Agent or the Banks enforce their Liens or any of such Persons 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. Neither the Administrative Agent, any Lender Agent nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Company or any other party Person or against or in payment of any or all of the Obligations. To the extent that a Borrower the Company makes a payment or payments to the Administrative AgentAgent or any Bank, the Lenders or the Issuing Banks Agent or any of such Persons exercise their Bank enforces its Liens 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 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 had not occurred.

Marshalling; Payments Set Aside. Neither the Administrative Agent, Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that a the Borrower makes a payment or payments to the Administrative AgentAgent or any Lender, the Lenders or the Issuing Banks Agent or any of such Persons exercise their Lender enforces its Liens 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 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 had not occurred.

Marshalling; Payments Set Aside. Neither the Administrative Agent, any Lender nor any Issuing Bank Agent shall be under any obligation to marshal any assets in favor of the Borrowers any Credit Party or any other party Person or against or in payment of any or all of the Obligations. To the extent that a Borrower Company makes a payment or payments to Agent or Lenders (or to Agent for the Administrative Agent, the benefit of Lenders) or Agent or Lenders or the Issuing Banks or any of such 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 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 rights 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 set-off had not occurred.

Marshalling; Payments Set Aside. Neither None of the Administrative Agent, Agent or any other Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that a the Borrower or any Qualified Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks Agent or any of other Lender or any such Persons exercise their 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. Neither None of the Administrative Agent, the Collateral Agent or any Lender nor any Issuing Bank shall be under any obligation to marshal any assets in favor of the Borrowers 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 a any Borrower makes a payment or payments to the Administrative any Lender or Agent, the Lenders or the Issuing Banks or any of such Persons 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 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. Neither the Administrative Agent, ------------------------------- Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers 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 a the Borrower makes a payment or payments to the Administrative Agent, the Lenders Agent or the Issuing Banks Lenders, or any of such Persons 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 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. Neither the Administrative Agent, Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal any marsxxxx xxx assets in favor of the Borrowers any Obligor or any other party or against or in payment of any or all of the ObligationsLiabilities. To the extent that a Borrower any Obligor makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks Agent or any of such Persons exercise their Lender or Agent or any 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. Neither the Administrative Agent, Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers or any other party Obligor or against or in payment of any or all of the Obligations. To the extent that a Borrower makes a payment or payments to the Administrative Agent, the Lenders Agent or the Issuing Banks any Lender or any of such Persons exercise their rights receives payment from the proceeds of Collateral or exercises its 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 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 rights 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. The provisions of the immediately preceding sentence of this Section 5.6 shall survive any termination of the Revolver Commitments and payment in full of the Obligations.

Marshalling; Payments Set Aside. Neither the Administrative Agent, any Lender Agent nor any Issuing Bank the Collateral Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers any Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that a any Borrower makes a payment or payments to any Agent or any Lender or the Administrative Agent, the Lenders or the Issuing Banks Collateral Agent or any of such Persons exercise their 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. Neither the Administrative Agent, any Lender nor any Issuing Bank shall be under any no obligation to marshal xxxxxxxx any assets or securities in favor of the Borrowers Borrower or any Guarantor or any other party Person or against or in payment of any or all of the Obligationsobligations. To the extent that a Borrower makes a payment or payments to the Administrative AgentLender, the Lenders or the Issuing Banks Lender enforces its security interest or any of such Persons exercise their exercises its rights of or setoff, and such payment or payments or for 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 partyparty under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such recovery, the obligation Obligations or part thereof originally intended to be satisfied, and all Liens, right rights and remedies therefor, shall are to 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. Neither the Administrative Agent, any Lender Agent nor any Issuing Bank the Banks shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Companies or any other party Person or against or in payment of any or all of the Obligations. To the extent that a Borrower either Company makes a payment or payments to the Administrative Agent, the Lenders Agent or the Issuing Banks, or the Agent or the Banks enforce their Liens or any of such Persons 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. Neither None of the Administrative Agent, Agent or any Lender nor any Issuing Bank shall be under any obligation to marshal any assets in favor of the Borrowers any Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that a any Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks or any of such Persons receives payment from the proceeds of the Collateral 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 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. Neither the Administrative Agent, Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers Borrower or any other party or against or in payment of any or all of the ObligationsLiabilities. To the extent that a Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks Agent or any of such Persons exercise their Lender or Agent or any 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. Neither the Administrative Agent, any Lender nor any Issuing Bank shall be under any obligation to marshal any assets in favor of the Borrowers or any other party or against or in payment of any or all of the Obligations. To the extent that a Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks Bank or any of such 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. Neither the Administrative Agent, any Lender Collateral Agent nor any Issuing Bank Senior Lenders shall be under any obligation to marshal any assets in favor of the Borrowers Borrower or any other party Person or against or in payment of any or all of the Obligations. To the extent that a Borrower makes a payment or payments to the Administrative AgentSenior Lenders, the or Collateral Agent or Senior Lenders enforces their Liens or the Issuing Banks or any exercises their right of such Persons 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 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. Neither the Administrative Agent, Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal xxxxxxxx any assets in favor of the Borrowers 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 a the Borrower makes a payment or payments to the Administrative Agent, the Lenders Agent or the Issuing Banks Lenders, or any of such Persons 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 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. Neither None of the Administrative Agent, any other Lender nor or any Issuing Bank other Agent shall be under any obligation to marshal any assets in favor of the Borrowers Borrower or any other party or against or in payment of any or all of the Obligations. To the extent that a the Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks any Agent or any of other Lender or any such Persons exercise their 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. Neither the Administrative Agent, Agent nor any Lender nor any Issuing Bank shall be under any obligation to marshal marshall any assets in favor of the Borrowers Borrower or any other party or against or in againsx xx xx payment of any or all of the ObligationsLiabilities. To the extent that a Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks Agent or any of such Persons exercise their Lender or Agent or any 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. Neither None of the Administrative Agent, any Lender nor or any Issuing Bank shall be under any obligation to marshal marshall any assets in favor of the Borrowers any Borrower or any other party or against ox xxxxxxt or in payment of any or all of the Obligations. To the extent that a such Borrower makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks or any of such Persons Person 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 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.