Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. The Lenders shall be under no obligation to xxxxxxxx any assets in favor of any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent the Lenders receive any payment by or on behalf of any Loan Party, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to such Loan Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of such Loan Party to the Lenders as of the date such initial payment, reduction or satisfaction occurred.

Appears in 5 contracts

Samples: Execution Copy (Cdnow Inc/Pa), Convertible Loan Agreement (Sony Corp), Convertible Loan Agreement (Time Warner Inc/)

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Marshalling; Recapture. The Lenders Lender shall be under no obligation to xxxxxxxx any marsxxxx xxx assets in favor of any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent the Lenders receive Lender receives any payment by or on behalf of any Loan Party, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to such Loan Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of such Loan Party to the Lenders Lender as of the date such initial payment, reduction or satisfaction occurred.

Appears in 4 contracts

Samples: Bridge Loan Agreement (PLD Telekom Inc), Bridge Loan Agreement (PLD Telekom Inc), Credit Agreement (Amre Inc)

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Marshalling; Recapture. The Lenders Lender shall be under no obligation to xxxxxxxx any assets in favor of any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent the Lenders receive Lender receives any payment by or on behalf of any Loan Party, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to such Loan Party or its estate, trustee, receiver, custodian or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then to the extent of such payment or repayment, the obligation or part thereof which has been paid, reduced or satisfied by the amount so repaid shall be reinstated by the amount so repaid and shall be included within the liabilities of such Loan Party to the Lenders Lender as of the date such initial payment, reduction or satisfaction occurred.

Appears in 1 contract

Samples: Bridge Loan Agreement (Metromedia International Group Inc)

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