Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. Neither the Agent nor any Bank shall be under any 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 any Bank 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 such Bank as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Agent nor any Bank Lender shall be under any obligation to xxxxxxxx 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 any Bank 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 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 such Bank Lender as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Agent nor any Bank Lender shall be under any obligation to xxxxxxxx marshal 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 any Bank 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 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 such Bank Lender as of the date such initial payment, reduction or satisfaction occurred.