Common use of No Marshalling; Reinstatement Clause in Contracts

No Marshalling; Reinstatement. The Guarantor consents and agrees that none of the Administrative Agent, any of the Issuing Banks or any of the Lenders or any Person acting for or on behalf of the Administrative 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 or any other 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 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 a 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: Guaranty (Barneys New York Inc)

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No Marshalling; Reinstatement. The Guarantor consents and agrees that none of the U.S. Administrative Agent, any of the Issuing Banks or Banks, any of the Lenders Lenders, the European Administrative Agent, the Syndication Agent or any Person acting for or on behalf of the U.S. Administrative 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 Guaranteed Obligations. The Guarantor further agrees that, to the extent that the any Foreign Borrower or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to the U.S. Administrative Agent, Agent or the Lenders or the Issuing BanksBanks or the European Administrative Agent or the Syndication Agent, or the U.S. Administrative Agent, 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 a such Foreign 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 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.

Appears in 1 contract

Samples: Credit Agreement (Hexcel Corp /De/)

No Marshalling; Reinstatement. The Guarantor consents and agrees that none of the Administrative Agent, any Holders of Secured Obligations nor the Issuing Banks or any of the Lenders or Agent nor any Person acting for or on behalf of the Administrative Holders of Secured Obligations 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 Secured Obligations. The Guarantor further agrees that, to the extent that the Borrower Borrower, the Guarantor or any other guarantor of all or any part of the Secured Obligations makes a payment or payments to the Administrative Agent, the Lenders any Holder of Secured Obligations or the Issuing Banks, or the Administrative Agent, or any Lender Holder of Secured Obligations or Issuing Bank the 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 a 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 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.

Appears in 1 contract

Samples: Guaranty (Ifr Systems Inc)

No Marshalling; Reinstatement. The Each Guarantor consents and agrees that none of the Administrative Agent, any of the Issuing Banks Bank or any of the Lenders or any Person acting for or on behalf of the Administrative Agent shall be under any obligation to xxxxxxxx any assets in favor of the any Guarantor or against or in payment of any or all of the Obligations. The Each Guarantor further agrees that, to the extent that the Borrower Company, any 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 BanksBank, or the Administrative Agent, or any Lender or 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 a Borrowerthe Company, the any Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, the Guarantor 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.

Appears in 1 contract

Samples: Credit Agreement (Dominion Homes Inc)

No Marshalling; Reinstatement. The Each Guarantor consents and agrees that none of the Administrative Agent, any of the Issuing Banks or Agents any of the Lenders or any Person acting for or on behalf of the Administrative Collateral Agent shall be under any obligation to xxxxxxxx any assets in favor of the any Guarantor or against or in payment of any or all of the Guaranteed Obligations. The Each Guarantor further agrees that, to the extent that the Borrower any Borrower, any Guarantor or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to the Administrative Agent, Agents or the Lenders or the Issuing Banks, or the Administrative Agent, either Agent or any Lender or Issuing Bank 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 a any Borrower, the any Guarantor, such other guarantor or any other Person, or their respective estates, trustees, receivers or any other party, including, without limitation, the Guarantor 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.

Appears in 1 contract

Samples: Credit Agreement (Hexcel Corp /De/)

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No Marshalling; Reinstatement. The Guarantor consents and agrees ----------------------------- that none of the Administrative Agent, any Holders of Secured Obligations nor the Issuing Banks or any of the Lenders or Agent nor any Person acting for or on behalf of the Administrative Holders of Secured Obligations or the Agent shall be under any obligation to xxxxxxxx marshal any assets in favor of the Guarantor or against or in payment of any or all of the Secured Obligations. The Guarantor further agrees that, to the extent that the Borrower Borrower, the Guarantor or any other guarantor of all or any part of the Secured Obligations makes a payment or payments to the Administrative Agent, the Lenders any Holder of Secured Obligations or the Issuing Banks, or the Administrative Agent, or any Lender Holder of Secured Obligations or Issuing Bank the 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 a 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 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.

Appears in 1 contract

Samples: Credit Agreement (Gfsi Inc)

No Marshalling; Reinstatement. The Guarantor Each of the Guarantors consents and agrees that none of the Administrative Agent, any of Lenders nor the Issuing Banks or any of the Lenders or Agent nor any Person acting for or on behalf of the Administrative Lenders or the Agent shall be under any obligation to xxxxxxxx any marsxxxx xxx assets in favor of any one or more of the Guarantor Guarantors or against or in payment of any or all of the Obligations. The Guarantor Each of the Guarantors further agrees that, to the extent that the Borrower Borrower, such 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, the Lenders or the Issuing Banks, or the Administrative Agent, or any Lender or Issuing Bank 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 a the Borrower, the 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, the Guarantor 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.

Appears in 1 contract

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

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