Common use of No Marshalling; Reinstatement Clause in Contracts

No Marshalling; Reinstatement. Each of the Guarantors consents and agrees that none of the Lenders nor the Agent nor any Person acting for or on behalf of the Lenders or the Agent shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors or against or in payment of any or all of the Obligations. Each of the Guarantors further agrees that, to the extent that the Borrower, such Guarantor or any other guarantor (including any Guarantor) of all or any part of the Obligations makes a payment or payments to any Lender or the 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, 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, 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. Each of the Guarantors The Guarantor consents and agrees that none of the Lenders nor Lender, the Agent nor any Person party acting for or on behalf of the Lenders Lender or the Agent shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Brooke Obligations. Each of the Guarantors The Guarantor further agrees that, to the extent that Brooke Credit, the BorrowerParent, such the Guarantor or any other guarantor (including any Guarantor) of all or any part of the Brooke Obligations makes a payment or payments to any Lender the Agent, or the AgentAgent receives any proceeds of Collateral for the Brooke 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 Brooke Credit, the BorrowerParent, such the Guarantor, such other guarantor (including any Guarantor) or any other Personparty, 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 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 of the Guarantors Guarantor consents and agrees that none of the Agents or the Lenders nor the Agent nor or any Person acting for or on behalf of the Lenders or the Agent any of them shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each of the Guarantors Guarantor further agrees that, to the extent that the Borrower, any Borrower (other than 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 or Lender, or any Agent or Lender or the 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 any Borrower, such Guarantor, such any 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 of the Guarantors The Guarantor consents and agrees that none of the Lenders nor Lenders, the Agent Agent, either Buyer nor any Person party acting for or on behalf of the Lenders or Lenders, the Agent or either Buyer shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each of the Guarantors The Guarantor further agrees that, to the extent that the Borrower, such Guarantor Seller or any other guarantor (including any Guarantor) of all or any part of the Guaranteed Obligations makes a payment or payments to either Buyer, the Lenders, the Agent or any Lender or the Agentother Secured Party, 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, such Guarantorapplicable Seller, such other guarantor (including any Guarantor) or any other Personparty, 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 of the Guarantors The ----------------------------- Guarantor consents and agrees that none of the Lenders Secured Parties nor the Agent nor any Person acting for or on behalf of the Lenders or the Agent any of them shall be under any obligation to xxxxxxxx marshall any assets in favor of any one the Guarantor or more of the Guarantors or against or agxxxxx xx in payment of any or all of the Secured Obligations. Each of the Guarantors The Guarantor further agrees that, to the extent that the Borrower, such the Guarantor or any other guarantor (including any Guarantor) of all or any part of the Secured Obligations makes a payment or payments to any Lender Secured Party or the Agent, or any Secured Party or the 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, such the 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 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 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 of the Guarantors Guarantor consents and agrees that none of the Agents any of the Lenders nor the Agent nor or any Person acting for or on behalf of the Lenders or the Collateral Agent shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each of the Guarantors Guarantor further agrees that, to the extent that the any Borrower, such any Guarantor or any other guarantor (including any Guarantor) of all or any part of the Guaranteed Obligations makes a payment or payments to the Agents or the Lenders or either Agent or any Lender or the Agentreceives 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, such any 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, 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 of the Guarantors The Guarantor consents and agrees that none of the Agents or any of the Lenders nor the Agent nor or any Person acting for or on behalf of the Lenders or the Collateral Agent shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each of the Guarantors The Guarantor further agrees that, to the extent that the Borrower, such Guarantor any Foreign Borrower or any other guarantor (including any Guarantor) of all or any part of the Guaranteed Obligations makes a payment or payments to the Agents or the Lenders or either Agent or any Lender or the Agentreceives 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 such Foreign Borrower, 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 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 of the Guarantors The ----------------------------- Guarantor consents and agrees that none of the Lenders Secured Parties nor the Agent nor any Person acting for or on behalf of the Lenders or the Agent any of them shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Secured Obligations. Each of the Guarantors The Guarantor further agrees that, to the extent that the Borrower, such the Guarantor or any other guarantor (including any Guarantor) of all or any part of the Secured Obligations makes a payment or payments to any Lender Secured Party or the Agent, or any Secured Party or the 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, such the 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 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 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 of the Guarantors Guarantor consents and agrees that none of the Administrative Agent, the Issuing Bank or any of the Lenders nor the Agent nor or any Person acting for or on behalf of the Lenders or the Administrative Agent shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Obligations. Each of the Guarantors Guarantor further agrees that, to the extent that the BorrowerCompany, such any Guarantor or any other guarantor (including any Guarantor) of all or any part of the Obligations makes a payment or payments to the Administrative Agent, or the Lenders or the Issuing Bank, or the Administrative Agent, or any Lender or the AgentIssuing Bank 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 BorrowerCompany, such any 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, 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. Each of the Guarantors The Guarantor consents and agrees that none of the Lenders Holders of Secured Obligations nor the Agent nor any Person acting for or on behalf of the Lenders Holders of Secured Obligations or the Agent shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Secured Obligations. Each of the Guarantors The Guarantor further agrees that, to the extent that the Borrower, such the Guarantor or any other guarantor (including any Guarantor) of all or any part of the Secured Obligations makes a payment or payments to any Lender Holder of Secured Obligations or the Agent, or any Holder of Secured Obligations or the 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, such the 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 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 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 of the Guarantors The Guarantor consents and agrees that none of the Lenders nor U.S. 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 U.S. Administrative Agent shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Guaranteed Obligations. Each of the Guarantors The Guarantor further agrees that, to the extent that the Borrower, such Guarantor any Foreign Borrower or any other guarantor (including any Guarantor) of all or any part of the Guaranteed Obligations makes a payment or payments to the U.S. Administrative Agent or the Lenders or the Issuing Banks or the European Administrative Agent or the Syndication Agent, or the U.S. Administrative Agent or any Lender or Issuing Bank or the AgentSyndication 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 such Foreign Borrower, 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 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 of the Guarantors The Guarantor consents and agrees that none of the Administrative Agent, any of the Issuing Banks or any of the Lenders nor the Agent nor or any Person acting for or on behalf of the Lenders or the Administrative Agent shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Obligations. Each of the Guarantors The Guarantor further agrees that, to the extent that the Borrower, such Guarantor Borrower or any other guarantor (including any Guarantor) of all or any part of the Obligations makes a payment or payments to the Administrative Agent, the Lenders or the Issuing Banks, or the Administrative Agent, or any Lender or the AgentIssuing Bank receives 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 a Borrower, such the 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, 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 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 of the Guarantors The Guarantor consents and agrees ----------------------------- that none of the Lenders Holders of Secured Obligations nor the Agent nor any Person acting for or on behalf of the Lenders Holders of Secured Obligations or the Agent shall be under any obligation to xxxxxxxx marshal any assets in favor of any one or more of the Guarantors Guarantor or against or in payment of any or all of the Secured Obligations. Each of the Guarantors The Guarantor further agrees that, to the extent that the Borrower, such the Guarantor or any other guarantor (including any Guarantor) of all or any part of the Secured Obligations makes a payment or payments to any Lender Holder of Secured Obligations or the Agent, or any Holder of Secured Obligations or the 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, such the 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 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 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 of the Guarantors consents and agrees that none of the Lenders nor the Agent nor any Person acting for or on behalf of the Lenders or the Agent shall be under any obligation to xxxxxxxx any marsxxxx xxx assets in favor of any one or more of the Guarantors or against or in payment of any or all of the Obligations. Each of the Guarantors further agrees that, to the extent that the Borrower, such Guarantor or any other guarantor (including any Guarantor) of all or any part of the Obligations makes a payment or payments to any Lender or the 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, 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, 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. Each of the Guarantors The Pledgor consents and agrees that none of the Lenders nor Lender, the Agent nor any Person party acting for or on behalf of the Lenders Lender or the Agent shall be under any obligation to xxxxxxxx any assets in favor of any one or more of the Guarantors Pledgor or against or in payment of any or all of the Brooke Obligations. Each of the Guarantors The Pledgor further agrees that, to the extent that Brooke Credit, the BorrowerParent, such Guarantor the Pledgor or any other guarantor (including any Guarantor) of all or any part of the Brooke Obligations makes a payment or payments to any Lender the Agent, or the AgentAgent receives any proceeds of Collateral for the Brooke 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 Brooke Credit, the BorrowerParent, such Guarantorthe Pledgor, such other guarantor (including any Guarantor) or any other Personparty, or their respective estates, trustees, receivers or any other party, including, without limitation, such Guarantorthe 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 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.