Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. Lender shall be under no obligation to marshal any assets in favor of Borrower or any of its Subsidiaries or any other party or against or in payment of any or all of the Obligations. To the extent Lender receives any payment by or on behalf of Borrower or any of its Subsidiaries, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to Borrower or any of its Subsidiaries 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 or any of its Subsidiaries to Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. None of the Collateral Trustee, the Loan Agent or any Lender shall be under no any obligation to marshal any assets in favor of Borrower or any of its Subsidiaries the Co-Borrowers or any other party or against or in payment of any or all of the ObligationsSecured Loans. To the extent any Lender receives any payment by or on behalf of Borrower or any of its Subsidiariesthe Co-Borrowers, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to Borrower the Co-Borrowers or any of its Subsidiaries or its the applicable 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 or any of its Subsidiaries the Co-Borrowers to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Administrative Agent, the Collateral Custodian nor any Lender shall will be under no any obligation to marshal any assets in favor of any Borrower or any of its Subsidiaries 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 a Borrower or any of its SubsidiariesParty, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a Borrower or any of its Subsidiaries 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 Obligation or part thereof which has had been paid, reduced or satisfied by the amount so repaid shall repaid, will be reinstated by the amount so repaid and shall will be included within the liabilities of such Borrower or any of its Subsidiaries Party to such Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Lender Neither of the Lead Agent, the Managing Co-Agent nor any Bank shall be under no any obligation to marshal any marsxxxx xxx assets in favor of the Borrower or any of its Subsidiaries or any other party or against or in payment of any or all of the Obligations. To the extent Lender any Bank receives any payment by or on behalf of the Borrower or any of its Subsidiariesin connection with this Agreement, 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 any of its Subsidiaries 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 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 or any of its Subsidiaries to Lender such Bank as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Lender Neither of the Lead Agent, the Managing Co-Agent nor any Bank shall be under no any obligation to marshal any marsxxxx xxx assets in favor of the Borrower or any of its Subsidiaries or any other party or against or in payment of any or all of the Obligations. To the extent Lender any Bank receives any payment by or on behalf of the Borrower or any of its Subsidiariesin connection with this Agreement, 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 any of its Subsidiaries 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 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 or any of its Subsidiaries to Lender such Bank as of the date such initial payment, reduction or satisfaction occurred.. 109 111

Marshalling; Recapture. Lender None of the Morgxx Xxxnt, the Fleet Agent or any Bank shall be under no any obligation to marshal any marsxxxx xxx assets in favor of the Borrower or any of its Subsidiaries or any other party or against or in payment of any or all of the Obligations. To the extent Lender any Bank receives any payment by or on behalf of the Borrower or any of its Subsidiariesin connection with this Agreement, 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 any of its Subsidiaries 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 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 or any of its Subsidiaries to Lender such Bank as of the date such initial payment, reduction or satisfaction occurred.