Common use of No Marshalling; Reinstatement Clause in Contracts

No Marshalling; Reinstatement. The Guarantors consent and agree that none of the Lenders nor the Administrative Agent nor any Person acting for or on behalf of the Lenders or the Administrative Agent shall be under any obligation to marshal any assets in favor of the Guarantors or against or in payment of any or all of the Obligations. The Guarantors further agree that, to the extent that the Borrower, any one or more of the Guarantors or any other guarantor of all or any part of the Obligations makes a payment or payments to any Lender or the Administrative Agent, 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 one or more of the Guarantors, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, 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.

No Marshalling; Reinstatement. The Guarantors consent Guarantor consents and agree agrees that none of the Lenders nor the Administrative Agent neither Lessor nor any Person person or entity acting for or on behalf of the Lenders or the Administrative Agent Lessor shall be under any obligation to marshal marshall any assets in favor of the Guarantors Guarantor or against or in payment of any or ox xxx xx all of the Obligations. The Guarantors Guarantor further agree agrees that, to the extent that the Borrower, any one or more of the Guarantors Lessee or any other guarantor of all or any part of the Obligations makes a payment or payments to Lessor, or Lessor receives any Lender or proceeds of any security granted in respect of the Administrative AgentObligations, 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 person or entity, any one or more of the GuarantorsGuarantor, such other guarantor or any other Personperson or entity, or their respective estates, trustees, receivers or any other party, including, without limitation, 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 that had 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.

No Marshalling; Reinstatement. The Guarantors consent and agree that none of the Lenders nor the Administrative Agent nor any Person acting for or on behalf of the Lenders or the Administrative Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Guarantors or against or in payment of any or all of the Obligations. The Guarantors further agree that, to the extent that the Borrower, any one or more of the Guarantors or any other guarantor of all or any part of the Obligations makes a payment or payments to any Lender or the Administrative Agent, 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 one or more of the Guarantors, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, 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.

No Marshalling; Reinstatement. The Guarantors consent Each Guarantor consents and agree agrees that none of neither the Lenders nor the Administrative Agent Lender nor any Person person acting for or on behalf of the Lenders or the Administrative Agent Lender shall be under any obligation to marshal xxxxxxxx any assets in favor of the Guarantors any Guarantor or against or in payment of any or all of the Obligations. The Guarantors Each Guarantor further agree agrees that, to the extent that the any Borrower, any one or more of the Guarantors Guarantor or any other guarantor of all or any part of the Obligations makes a payment or payments to any Lender the Lender, or the Administrative AgentLender receives any proceeds of any collateral for the Obligations, 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 such Borrower, any one or more of the Guarantorssuch Guarantor, such other guarantor or any other Personperson, or their respective estates, trustees, receivers or any other party, including, without limitation, the Guarantorssuch 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 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.

No Marshalling; Reinstatement. The Guarantors consent and agree that none of the Lenders nor the Administrative Agent nor any Person acting for or on behalf of the Lenders or the Administrative Agent shall be under any obligation to marshal mxxxxxxx any assets in favor of the Guarantors or against or in payment of any or all of the Obligations. The Guarantors further agree that, to the extent that the Borrower, any one or more of the Guarantors or any other guarantor of all or any part of the Obligations makes a payment or payments to any Lender or the Administrative Agent, 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 one or more of the Guarantors, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, 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. 8.

No Marshalling; Reinstatement. The Guarantors consent Each Guarantor consents and agree agrees that none of the Lenders nor Administrative Agent, any of the Issuing Banks, any of the Lenders, the European Administrative Agent, the Syndication Agent nor or any Person acting for or on behalf of the Lenders or the Administrative Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Guarantors any Guarantor or against or in payment of any or all of the Obligations. The Guarantors Each Guarantor further agree agrees that, to the extent that the any Borrower, any one or more of the Guarantors Guarantor or any other guarantor of all or any part of the Obligations makes a payment or payments to the Administrative Agent or the Lenders or the Issuing Banks or the European Administrative Agent or the Syndication Agent, or the Administrative Agent or any Lender or Issuing Bank or the European Administrative AgentAgent or the Syndication 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 any Borrower, any one or more of the GuarantorsGuarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, the Guarantorssuch 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 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.

No Marshalling; Reinstatement. The Guarantors consent Each Guarantor consents and agree agrees that none of the Agents or the Lenders nor the Administrative Agent nor or any Person acting for or on behalf of the Lenders or the Administrative Agent any of them shall be under any obligation to marshal any assets in favor of the Guarantors any Guarantor or against or in payment of any or all of the Guaranteed Obligations. The Guarantors Each Guarantor further agree agrees that, to the extent that the Borrower, any one or more of the Guarantors Borrower or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any Agent or Lender, or any Agent or Lender or the Administrative Agentreceives any proceeds of Collateral, which payment payment, payments or payments proceeds, 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 one or more of the Guarantors, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, the Guarantors, such 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 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 such initial payment, reduction or satisfaction.

No Marshalling; Reinstatement. The Guarantors consent Guarantor consents and agree agrees that none of the Lenders nor the Administrative Agent neither Lender nor any Person person or entity acting for or on behalf of the Lenders or the Administrative Agent Lender shall be under any obligation to marshal marshall any assets in favor of the Guarantors Guarantor or against or in payment of any or xx xxx xr all of the Obligations. The Guarantors Guarantor further agree agrees that, to the extent that the Borrower, any one or more of the Guarantors Borrower or any other guarantor of all or any part of the Obligations makes a payment or payments to Lender, or Lender receives any Lender or proceeds of any security granted in respect of the Administrative AgentObligations, 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 person or entity, any one or more of the GuarantorsGuarantor, such other guarantor or any other Personperson or entity, or their respective estates, trustees, receivers or any other party, including, without limitation, 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 that had 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.

No Marshalling; Reinstatement. The Guarantors consent Each Guarantor consents and agree agrees that none of neither the Lenders nor the Administrative Agent Lender nor any Person person acting for or on behalf of the Lenders or the Administrative Agent Lender shall be under any obligation to marshal xxxxxxxx any assets in favor of the Guarantors any Guarantor or against or in payment of any or all of the Obligations. The Guarantors Each Guarantor further agree agrees that, to the extent that the Borrower, any one or more of the Guarantors Guarantor or any other guarantor of all or any part of the Obligations makes a payment or payments to any Lender the Lender, or the Administrative AgentLender receives any proceeds of any collateral for the Obligations, 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 one or more of the Guarantorssuch Guarantor, such other guarantor or any other Personperson, or their respective estates, trustees, receivers or any other party, including, without limitation, the Guarantorssuch 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 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.

No Marshalling; Reinstatement. The Guarantors consent Guarantor consents and agree agrees that none of the Lenders nor Administrative Agent, the Administrative Agent Secured Parties nor any Person party acting for or on behalf of the Lenders Administrative Agent or the Administrative Agent other Secured Parties shall be under any obligation to marshal any assets in favor of the Guarantors Guarantor or against or in payment of any or all of the Guaranteed Obligations. The Guarantors Guarantor further agree agrees that, to the extent that the Borrower, any one or more of the Guarantors ACV Capital or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any Lender the Administrative Agent or the Administrative Agentother Secured Parties, 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 one or more of the GuarantorsACV Capital, such other guarantor or any other Personparty, or their respective estates, trustees, receivers or any other party, including, without limitation, 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 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 such initial payment, reduction or satisfaction.

No Marshalling; Reinstatement. The Guarantors consent Guarantor consents and agree agrees that none of the Lenders nor Lender, the Administrative Agent nor any Person party acting for or on behalf of the Lenders Lender or the Administrative Agent shall be under any obligation to marshal xxxxxxxx any assets in favor of the Guarantors Guarantor or against or in payment of any or all of the Secured Obligations. The Guarantors Guarantor further agree agrees that, to the extent that the Borrower, any one or more of the Guarantors Guarantor or any other guarantor of all or any part of the Secured Obligations makes a payment or payments to any Lender the Agent, or the Administrative AgentAgent 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 one or more of the GuarantorsGuarantor, such other guarantor or any other Personparty, or their respective estates, trustees, receivers or any other party, including, without limitation, 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 Secured 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.

No Marshalling; Reinstatement. The Guarantors consent Guarantor consents and agree agrees that none of neither the Lenders nor the Administrative Agent Lender nor any Person person acting for or on behalf of the Lenders or the Administrative Agent Lender shall be under any obligation to marshal marshall any assets in favor of the Guarantors Guarantor or against or in payment of any paymenx xx xxx or all of the Obligations. The Guarantors Guarantor further agree agrees that, to the extent that the Borrower, any one or more of the Guarantors Guarantor or any other guarantor of all or any part of the Obligations makes a payment or payments to any Lender the Lender, or the Administrative AgentLender receives any proceeds of any collateral for the Obligations, 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 any Borrower, any one or more of the GuarantorsGuarantor, such other guarantor or any other Personperson, or their respective estates, trustees, receivers or any other party, including, without limitation, 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.

No Marshalling; Reinstatement. The Guarantors consent Guarantor consents and agree agrees that none of neither the Lenders nor the Administrative Agent Lender nor any Person person or entity acting for or on behalf of the Lenders or the Administrative Agent Lender shall be under any obligation to marshal xxxxxxxx any assets in favor of the Guarantors Guarantor or against or in payment of any or all of the Obligations. The Guarantors Guarantor further agree agrees that, to the extent that the Borrower, any one or more of the Guarantors Guarantor or any other guarantor of all or any part of the Obligations makes a payment or payments to any Lender the Lender, or the Administrative AgentLender 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 one or more of the GuarantorsGuarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, 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.