Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. None of the Administrative Agents nor any Lender shall be under any obligation to 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 any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower 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 Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of Neither the Administrative Agents Agent nor any Lender ---------------------- shall be under any obligation to xxxxxxxx any assets in favor of the Borrower any Loan Party or any other party or against or in payment of any or all of the Obligations. To the extent any Lender receives any payment by or on behalf of the Borrowerany 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 the Borrower such Loan Party or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Lawbankruptcy law, state or federal law, common law or equitable cause, then, 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 Borrower such Loan Party to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of the Administrative Agents nor any The Lender shall not be under any obligation to xxxxxxxx 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 any the Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid repaid, and is repaid, by the Lender, to the such Borrower or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Lawbankruptcy law, state or federal law, common law or equitable cause, then, 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 Obligations of the Borrower to such the Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of Neither the Administrative Agents Paying Agent nor any Lender shall be under any obligation to 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 any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Lawbankruptcy 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 Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of the Administrative Agents nor Loan Agent or any Lender shall be under any obligation to xxxxxxxx marshal any assets in favor of the Borrower or any other party or against or in payment of any portion of, or all of of, the ObligationsLoan. To the extent any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Lawbankruptcy law, state or federal Federal law, common law or equitable cause, then, 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 the Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of Neither the Administrative Agents Agent nor any Lender shall be under any obligation to xxxxxxxx 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 any Lender receives any payment by or on behalf of the BorrowerParent or the Company, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower Parent or the Company or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Lawbankruptcy 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 Borrower the Parent or the Company to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of the Administrative Agents Agent nor any Lender shall be under any obligation to 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 any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower 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 Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of the Administrative Agents Agent nor any Lender shall be under any obligation to xxxxxxxx any marsxxxx xxx 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 any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower 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 Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of Neither the Administrative Agents Agent nor any Lender shall be under any obligation to xxxxxxxx any marxxxxx xxy 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 any Lender receives any payment by or on behalf of the Borrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Borrower or its estate, trustee, receiver, custodian or any other party under any Bankruptcy Lawbankruptcy law, state or federal law, common law or equitable cause, then, 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 the Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.