Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. Neither the Administrative Agent, the Collateral Agent, any Subordinated Noteholder nor any Lender shall be under any obligation to 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 Lender or any Subordinated Noteholder 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 the Borrower to such Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Administrative Agent, the Collateral AgentBlackstone Asset Based Finance Representative, any Subordinated Noteholder Collateral Agent nor any Lender shall be under any obligation to 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 Lender or any Subordinated Noteholder 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 the Borrower to such Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Administrative Agent, the Collateral Agent, any Subordinated Noteholder Agent nor any Lender shall be under any obligation to marshal marshall 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 or any Subordinated Noteholder 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, 135 CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT 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 such Loan Party to such Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Administrative Agent, the Collateral Agent, any Subordinated Noteholder nor any Lender shall be under any no obligation to marshal any 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 any Lender or any Subordinated Noteholder receives any payment by or on behalf of the BorrowerBorrower 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 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 such Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither None of the Administrative AgentCollateral Trustee, the Collateral Agent, any Subordinated Noteholder nor Loan Agent or any Lender shall be under any obligation to marshal any assets in favor of the Borrower Co-Borrowers or any other party or against or in payment of any or all of the ObligationsSecured Loans. To the extent any Lender or any Subordinated Noteholder receives any payment by or on behalf of the BorrowerCo-Borrowers, 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 Co-Borrowers 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 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 Co-Borrowers to such Lender or such Subordinated Noteholder, as applicable, as of the date such initial payment, reduction or satisfaction occurred.