Common use of No Marshalling; Reinstatement Clause in Contracts

No Marshalling; Reinstatement. Each Guarantor consents and agrees that none of the Agents or the Lenders or any Person acting for or on behalf of any of them shall be under any obligation to xxxxxxxx any assets in favor of any Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each Guarantor further agrees that, to the extent that any Borrower (other than such Guarantor) 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 receives any proceeds of Collateral, which payment, payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any Borrower, any other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, 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. Each The Guarantor consents and agrees that none of the Agents or Lender, the Lenders or Agent nor any Person party acting for or on behalf of any of them the Lender or the Agent shall be under any obligation to xxxxxxxx any assets in favor of any the Guarantor or against or in payment of any or all of the Guaranteed Brooke Obligations. Each The Guarantor further agrees that, to the extent that any Borrower (other than such Guarantor) Brooke Credit, the Parent, the Guarantor or any other guarantor of all or any part of the Guaranteed Brooke Obligations makes a payment or payments to any Agent or Lenderthe Agent, or any the Agent or Lender receives any proceeds of CollateralCollateral for the Brooke Obligations, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any BorrowerBrooke Credit, any the Parent, the Guarantor, such other guarantor or any other Personparty, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor the 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 Brooke 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. Each Guarantor of the Guarantors consents and agrees that none of the Agents or Lenders nor the Lenders or Agent nor any Person acting for or on behalf of any of them the Lenders or the Agent shall be under any obligation to xxxxxxxx any assets in favor of any Guarantor one or more of the Guarantors or against or in payment of any or all of the Guaranteed Obligations. Each Guarantor of the Guarantors further agrees that, to the extent that any Borrower (other than the Borrower, such Guarantor) Guarantor or any other guarantor (including any Guarantor) of all or any part of the Guaranteed Obligations makes a payment or payments to any Agent Lender or Lender, or any Agent or Lender receives any proceeds of Collateralthe Agent, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any the Borrower, any such Guarantor, such other guarantor (including any Guarantor) or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor 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. Each The ----------------------------- Guarantor consents and agrees that none of the Agents or Secured Parties nor the Lenders or Agent nor any Person acting for or on behalf of any of them shall be under any obligation to xxxxxxxx marshall any assets in favor of any the Guarantor or against or agxxxxx xx in payment of any or all of the Guaranteed Secured Obligations. Each The Guarantor further agrees that, to the extent that any Borrower (other than such Guarantor) the Borrower, the Guarantor or any other guarantor of all or any part of the Guaranteed Secured Obligations makes a payment or payments to any Agent Secured Party or Lenderthe Agent, or any Secured Party or the Agent or Lender receives any proceeds of Collateral, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any the Borrower, any the Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor the 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 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. Each The ----------------------------- Guarantor consents and agrees that none of the Agents or Secured Parties nor the Lenders or Agent nor any Person acting for or on behalf of any of them shall be under any obligation to xxxxxxxx any assets in favor of any the Guarantor or against or in payment of any or all of the Guaranteed Secured Obligations. Each The Guarantor further agrees that, to the extent that any Borrower (other than such Guarantor) the Borrower, the Guarantor or any other guarantor of all or any part of the Guaranteed Secured Obligations makes a payment or payments to any Agent Secured Party or Lenderthe Agent, or any Secured Party or the Agent or Lender receives any proceeds of Collateral, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any the Borrower, any the Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor the 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 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. Each The Guarantor consents and agrees that none of the Agents or any of the Lenders or any Person acting for or on behalf of any of them the Collateral Agent shall be under any obligation to xxxxxxxx any assets in favor of any the Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each The Guarantor further agrees that, to the extent that any Foreign Borrower (other than such Guarantor) or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any the Agents or the Lenders or either Agent or Lender, or any Agent or Lender receives any proceeds of Collateral, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any such Foreign Borrower, any such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor the 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. Each The Guarantor consents and agrees that none of the Agents Administrative Agent, any of the Issuing Banks or any of the Lenders or any Person acting for or on behalf of any of them the Administrative Agent shall be under any obligation to xxxxxxxx any assets in favor of any the Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each The Guarantor further agrees that, to the extent that any the Borrower (other than such Guarantor) or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any Agent the Administrative Agent, the Lenders or Lenderthe Issuing Banks, or the Administrative Agent, or any Agent Lender or Lender Issuing Bank receives any proceeds of Collateral, which payment, payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any a Borrower, any the Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such the 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. Each The Guarantor consents and agrees that none of the Agents or Holders of Secured Obligations nor the Lenders or Agent nor any Person acting for or on behalf of any the Holders of them Secured Obligations or the Agent shall be under any obligation to xxxxxxxx any assets in favor of any the Guarantor or against or in payment of any or all of the Guaranteed Secured Obligations. Each The Guarantor further agrees that, to the extent that any Borrower (other than such Guarantor) the Borrower, the Guarantor or any other guarantor of all or any part of the Guaranteed Secured Obligations makes a payment or payments to any Agent Holder of Secured Obligations or Lenderthe Agent, or any Holder of Secured Obligations or the Agent or Lender receives any proceeds of Collateral, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any the Borrower, any the Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor the 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 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. Each The Guarantor consents and agrees ----------------------------- that none of the Agents or Holders of Secured Obligations nor the Lenders or Agent nor any Person acting for or on behalf of any the Holders of them Secured Obligations or the Agent shall be under any obligation to xxxxxxxx marshal any assets in favor of any the Guarantor or against or in payment of any or all of the Guaranteed Secured Obligations. Each The Guarantor further agrees that, to the extent that any Borrower (other than such Guarantor) the Borrower, the Guarantor or any other guarantor of all or any part of the Guaranteed Secured Obligations makes a payment or payments to any Agent Holder of Secured Obligations or Lenderthe Agent, or any Holder of Secured Obligations or the Agent or Lender receives any proceeds of Collateral, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any the Borrower, any the Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor the 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 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. Each Guarantor consents and agrees that none of the Agents or any of the Lenders or any Person acting for or on behalf of any of them the Collateral Agent shall be under any obligation to xxxxxxxx any assets in favor of any Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each Guarantor further agrees that, to the extent that any Borrower (other than such Guarantor) Borrower, any Guarantor or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any the Agents or the Lenders or either Agent or Lender, or any Agent or Lender receives any proceeds of Collateral, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any Borrower, any Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor 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. Each Guarantor of the Guarantors consents and agrees that none of the Agents or Lenders nor the Lenders or Agent nor any Person acting for or on behalf of any of them the Lenders or the Agent shall be under any obligation to xxxxxxxx any marsxxxx xxx assets in favor of any Guarantor one or more of the Guarantors or against or in payment of any or all of the Guaranteed Obligations. Each Guarantor of the Guarantors further agrees that, to the extent that any Borrower (other than the Borrower, such Guarantor) Guarantor or any other guarantor (including any Guarantor) of all or any part of the Guaranteed Obligations makes a payment or payments to any Agent Lender or Lender, or any Agent or Lender receives any proceeds of Collateralthe Agent, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any the Borrower, any such Guarantor, such other guarantor (including any Guarantor) or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor 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. Each Guarantor consents and agrees that none of the Agents Administrative Agent, the Issuing Bank or any of the Lenders or any Person acting for or on behalf of any of them the Administrative Agent shall be under any obligation to xxxxxxxx any assets in favor of any Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each Guarantor further agrees that, to the extent that the Company, any Borrower (other than such Guarantor) Guarantor or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any Agent the Administrative Agent, or Lenderthe Lenders or the Issuing Bank, or the Administrative Agent, or any Agent Lender or Lender the Issuing Bank receives any proceeds of Collateralcollateral, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any Borrowerthe Company, any Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor 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. Each The Guarantor consents and agrees that none of the Agents or U.S. Administrative Agent, any of the Lenders Issuing Banks, any of the Lenders, the European Administrative Agent, the Syndication Agent or any Person acting for or on behalf of any of them the U.S. Administrative Agent shall be under any obligation to xxxxxxxx any assets in favor of any the Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each The Guarantor further agrees that, to the extent that any Foreign Borrower (other than such Guarantor) or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any the U.S. Administrative Agent or Lenderthe Lenders or the Issuing Banks or the European Administrative Agent or the Syndication Agent, or any the U.S. Administrative Agent or any Lender or Issuing Bank or the Syndication Agent receives any proceeds of Collateral, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any such Foreign Borrower, any such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor the 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. Each The Guarantor consents and agrees that none of the Agents or Lender, the Lenders or Agent, either Buyer nor any Person party acting for or on behalf of any of them the Lender, the Agent or either Buyer shall be under any obligation to xxxxxxxx any assets in favor of any the Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each The Guarantor further agrees that, to the extent that any Borrower (other than such Guarantor) either Seller or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to any either Buyer, the Lender, the Agent or Lender, or any Agent or Lender receives any proceeds of Collateralother Secured Party, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any Borrowerthe applicable Seller, any such other guarantor or any other Personparty, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor the 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. Each Guarantor The Pledgor consents and agrees that none of the Agents or Lender, the Lenders or Agent nor any Person party acting for or on behalf of any of them the Lender or the Agent shall be under any obligation to xxxxxxxx any assets in favor of any Guarantor the Pledgor or against or in payment of any or all of the Guaranteed Brooke Obligations. Each Guarantor The Pledgor further agrees that, to the extent that any Borrower (other than such Guarantor) Brooke Credit, the Parent, the Pledgor or any other guarantor of all or any part of the Guaranteed Brooke Obligations makes a payment or payments to any Agent or Lenderthe Agent, or any the Agent or Lender receives any proceeds of CollateralCollateral for the Brooke Obligations, which payment, payment or payments or proceeds, or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to any BorrowerBrooke Credit, any the Parent, the Pledgor, such other guarantor or any other Personparty, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantor the Pledgor, 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 Brooke 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.