Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. Neither the Administrative Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of the 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 Parent 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 Parent or the Company 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 the Parent or the Company to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Administrative Agent nor any Lender ---------------------- shall be under any obligation to xxxxxxxx any assets in favor of the Company 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 Parent or the Companyany 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 Parent or the Company 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, 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 Parent or the Company such Loan Party to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither None of the Administrative Agent nor any Lender shall be under any obligation to xxxxxxxx any marsxxxx xxx assets in favor of the Company 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 Parent or the CompanyBorrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Parent or the Company 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 the Parent or the Company Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither None of the Administrative Loan Agent nor or any Lender shall be under any obligation to xxxxxxxx marshal any assets in favor of the Company 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 Parent or the CompanyBorrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Parent or the Company Borrower or its estate, trustee, receiver, custodian or any other party under any bankruptcy 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 Parent or the Company Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither None of the Administrative Agent nor any Lender shall be under any obligation to xxxxxxxx any assets in favor of the Company 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 Parent or the CompanyBorrower, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to the Parent or the Company 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 the Parent or the Company Borrower to such Lender as of the date such initial payment, reduction or satisfaction occurred.