No Marshaling; Reinstatement. Each Guarantor consents and agrees that neither the Secured Party nor any Person acting for or on behalf of the Secured Party shall be under any obligation to marshal any assets in favor of any of the Guarantors or against or in payment of any or all of the Obligations. Each Guarantor further agrees that, to the extent that the Borrower, any of the Guarantors or any other guarantor of all or any part of the Obligations make a payment or payments to the Secured Party, or the Secured Party receives any proceeds of Collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to the Borrower, any of the Guarantors, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including without limitation, each of the Guarantors, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Obligations which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.
Appears in 2 contracts
Samples: Subsidiary Guarantee Agreement (Luminent Mortgage Capital Inc), Subsidiary Guarantee Agreement (Luminent Mortgage Capital Inc)
No Marshaling; Reinstatement. Each The Guarantor consents and agrees that neither none of the Secured Party Holders of Obligations nor the Administrative Agent nor any Person acting for or on behalf of the Secured Party Holders of Obligations or the Administrative Agent shall be under any obligation to marshal any assets in favor of any of the Guarantors Guarantor or against or in payment of any or all of the Obligations. Each The Guarantor further agrees that, to the extent that the Borrower, any of the Guarantors Guarantor or any other guarantor of all or any part of the Obligations make makes a payment or payments to any Holder of Obligations or the Secured PartyAdministrative Agent, or any Holder of Obligations or the Secured Party Administrative Agent receives any proceeds of Collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to the Borrower, any of the GuarantorsGuarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including including, without limitation, each of the GuarantorsGuarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Obligations which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.
Appears in 2 contracts
Samples: Limited Guaranty (Kansas City Power & Light Co), Kansas City Power & Light Co
No Marshaling; Reinstatement. Each Guarantor of the Guarantors consents and agrees that neither the Secured Party Lender nor any Person acting for or on behalf of the Secured Party Lender shall be under any obligation to marshal any assets in favor of any of the Guarantors or against or in payment of any or all of the ObligationsLiabilities. Each Guarantor of the Guarantors further agrees that, to the extent that the Borrower, any of the Guarantors Guarantor or any other guarantor of all or any part of the Obligations make Liabilities makes a payment or payments to the Secured PartyLender, or the Secured Party Lender receives any proceeds of the Guaranty Collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to the Borrower, any of the GuarantorsGuarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including including, without limitation, each of the Guarantorsany Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Obligations Liabilities which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.
Appears in 1 contract
Samples: Guaranty and Security Agreement (Better Choice Co Inc.)
No Marshaling; Reinstatement. Each The Guarantor consents and agrees that neither the Agent nor any other Holder of Secured Party Obligations nor any Person acting for or on behalf of the Agent or any other Holder of Secured Party Obligations shall be under any obligation to marshal any marsxxxx xxx assets in favor of any of the Guarantors Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each The Guarantor further agrees that, to the extent that Borrower, the BorrowerGuarantor, any of the Subsidiary Guarantors or any other guarantor of all or any part of the Guaranteed Obligations make makes a payment or payments to the Agent or any other Holder of Secured Party, or the Secured Party Obligations receives any proceeds of Collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to Borrower, the BorrowerGuarantor, any of the Subsidiary Guarantors, such other guarantor guarantors or any other Person, or their respective estates, trustees, receivers or any other party, including without limitation, each of the Guarantors, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Guaranteed Obligations which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding proceeding such initial payment, reduction or satisfaction.
Appears in 1 contract
Samples: American Classic Voyages Co
No Marshaling; Reinstatement. Each Guarantor of the Guarantors consents and agrees that neither the Secured Party nor any Person acting for or on behalf none of the Secured Party Agent, the Co-Agent or the Banks shall be under any obligation to marshal any assets in favor of such Guarantor or any of the Guarantors other party or against or in payment of any or all of the Guarantied Obligations. Each Guarantor of the Guarantors further agrees that, to the extent that the Borrowerany Primary Obligor, any of the Guarantors such Guarantor or any other guarantor of all or any part of the Guarantied Obligations make makes a payment or payments to any Bank, the Secured PartyCo-Agent or the Agent, or the Secured Party any such Person receives any proceeds of Collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to the Borrowerany Primary Obligor, any of the Guarantorssuch Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including without limitation, each of the Guarantors, party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Guarantied Obligations or obligations of such Guarantor or such other guarantor which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.
Appears in 1 contract
Samples: Stormedia Inc