Common use of Marshalling; Recapture Clause in Contracts

Marshalling; Recapture. Neither the Lead Agent nor any Bank shall be under any obligation to xxxxxxxx any assets in favor of the Borrowers, CarrAmerica LP 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 the Borrowers or CarrAmerica LP, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to either Borrower or CarrAmerica LP 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 Borrowers and CarrAmerica LP to such Bank as of the date such initial payment, reduction or satisfaction occurred.

Marshalling; Recapture. Neither the Lead Agent nor any Bank shall be under any obligation to xxxxxxxx any assets in favor of the Borrowers, CarrAmerica LP 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 the Borrowers or CarrAmerica LP, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to either Borrower or CarrAmerica LP 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 Borrowers and CarrAmerica LP to such Bank as of the date such initial payment, reduction or satisfaction occurred.. 105

Marshalling; Recapture. Neither the Lead Agent nor any Bank shall be under any obligation to xxxxxxxx any assets in favor of the Borrowers, CarrAmerica LP 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 the Borrowers or CarrAmerica LP, which payment or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to either Borrower or CarrAmerica LP 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 106 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 Borrowers and CarrAmerica LP to such Bank as of the date such initial payment, reduction or satisfaction occurred.