Common use of No Marshalling; Reinstatement Clause in Contracts

No Marshalling; Reinstatement. The Guarantor 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 the Guarantor or against or in payment of any or all of the Obligations. The Guarantor further agrees that, to the extent that the Borrower, the Guarantor or any other 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, the Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, 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.

Appears in 2 contracts

Samples: Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)

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No Marshalling; Reinstatement. The Guarantor 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 maxxxxxx any assets in favor of the Guarantor or against or in payment of any or all of the Obligations. The Guarantor further agrees that, to the extent that the Borrower, the Guarantor or any other 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, the Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, 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.

Appears in 2 contracts

Samples: Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)

No Marshalling; Reinstatement. The Guarantor 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 the Guarantor or against or in payment of any or all of the Obligations. The Guarantor further agrees that, to the extent that the Borrower, the Guarantor or any other 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, the Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, 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.

Appears in 1 contract

Samples: Assignment Agreement (U S Home Corp /De/)

No Marshalling; Reinstatement. The Guarantor consents and agrees that none of the Lenders nor the Agent no Covered Party nor any Person party acting for or on behalf of the Lenders or the Agent a Covered Party shall be under any obligation to xxxxxxxx mxxxxxxx any assets in favor of the Guarantor or against or in payment of any or all of the Obligations. The Guarantor further agrees that, to the extent that the BorrowerIssuer, the Guarantor or any other guarantor of all or any part of the Obligations party makes a payment or payments to any Lender the Indenture Trustee, on behalf of the Noteholders, or the AgentIndenture Trustee receives any proceeds of the Trust Estate, 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 BorrowerIssuer, the Guarantor, such other guarantor Guarantor or any other Personparty, or their respective estates, trustees, receivers or any other party, including, without limitation, 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.

Appears in 1 contract

Samples: Guaranty (Silverleaf Resorts Inc)

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No Marshalling; Reinstatement. The Guarantor consents and agrees that none of the Lenders nor the Agent no Covered Party nor any Person party acting for or on behalf of the Lenders or the Agent a Covered Party shall be under any obligation to xxxxxxxx any assets in favor of the Guarantor or against or in payment of any or all of the Obligations. The Guarantor further agrees that, to the extent that the BorrowerIssuer, the Guarantor or any other guarantor of all or any part of the Obligations party makes a payment or payments to any Lender the Indenture Trustee, on behalf of the Noteholders, or the AgentIndenture Trustee receives any proceeds of the Trust Estate, 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 BorrowerIssuer, the Guarantor, such other guarantor Guarantor or any other Personparty, or their respective estates, trustees, receivers or any other party, including, without limitation, 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.

Appears in 1 contract

Samples: Guaranty (Silverleaf Resorts Inc)

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