Obligations Reinstated. The Obligations of each Subsidiary Guarantor under its Subsidiary Guarantee shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations of any Subsidiary Guarantor (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 4 contracts
Samples: Indenture (New World Restaurant Group Inc), Indenture (Discovery Zone Inc), Indenture (New World Coffee Manhattan Bagel Inc)
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company Issuer or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company Issuer or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company Issuer is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the CompanyIssuer, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 3 contracts
Samples: Indenture (Aventine Renewable Energy Holdings Inc), Indenture (Aventine Renewable Energy Holdings Inc), Indenture (Abraxas Petroleum Corp)
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced the obligations of such Obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a such Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders Guaranteed Parties upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any such Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each such Subsidiary Guarantor as provided herein.
Appears in 3 contracts
Samples: Loan Agreement (Mastellone Brothers Inc), Loan Agreement (Leitesol Industry & Commerce Inc.), Loan Agreement (Mastellone Brothers Inc)
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company Issuers or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company either Issuer or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company Issuers is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Companyeither Issuer, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 2 contracts
Samples: Indenture (Canadian Abraxas Petroleum LTD), Indenture (Canadian Abraxas Petroleum LTD)
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Obligations Reinstated. The Obligations obligations of each any Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any the Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a the Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders Guaranteed 118 Parties upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any the Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each the Subsidiary Guarantor as provided herein.
Appears in 1 contract
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have 101 reduced such Obligations the obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Indenture (3003969 Nova Scotia LTD)
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee this First Supplemental Indenture shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary Guarantor under this First Supplemental Indenture (whether such payment shall have been made by or on behalf of the Company Issuer or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company Issuer or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company Issuer is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the CompanyIssuer, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: First Supplemental Indenture (Rosetta Resources Inc.)
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee this Third Supplemental Indenture shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary Guarantor under this Third Supplemental Indenture (whether such payment shall have been made by or on behalf of the Company Issuer or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company Issuer or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company Issuer is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the CompanyIssuer, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Third Supplemental Indenture (Rosetta Resources Inc.)
Obligations Reinstated. The Obligations obligations of each Subsidiary the Escrow Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary the Escrow Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a Subsidiary the Escrow Guarantor) is rescinded or reclaimed from any of the Holders Guaranteed Parties upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary the Escrow Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary the Escrow Guarantor as provided herein.
Appears in 1 contract
Samples: Indenture (Comple Tel LLC)
Obligations Reinstated. The Obligations of each Subsidiary Guarantor under its Subsidiary Guarantee shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations of any Subsidiary Guarantor (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided hereinherein subject to Section 10.3.
Appears in 1 contract
Samples: Indenture (CSS Trade Names Inc)
Obligations Reinstated. The Obligations of each Subsidiary Guarantor under its Subsidiary Guarantee shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such the Obligations of any Subsidiary Guarantor (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be by payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Indenture (XCL LTD)
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee this Second Supplemental Indenture shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary Guarantor under this Second Supplemental Indenture (whether such payment shall have been made by or on behalf of the Company Issuer or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company Issuer or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company Issuer is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the CompanyIssuer, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Second Supplemental Indenture (Rosetta Resources Inc.)
Obligations Reinstated. The Obligations obligations of each the ---------------------- Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any the Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a the Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders Guaranteed Parties upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any the Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each the Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Indenture (Comple Tel Europe Nv)
Obligations Reinstated. The Obligations Except as provided in Section 9.05 hereof, the obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Second Supplemental Indenture (Great Atlantic & Pacific Tea Co Inc)
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on 121 -113- behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Indenture (Safety Components Fabric Technologies Inc)
Obligations Reinstated. The Obligations obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such Obligations the obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness otherwise subject to demand for payment or acceleration shall 93 102 nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Indenture (Sickinger Co)
Obligations Reinstated. The Guarantor Obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such the Guarantor Obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from the Trustee or any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the Company, all such Indebtedness otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Indenture (Heritage Property Investment Limited Partnership)
Obligations Reinstated. The Subject to Section 10.04, the Obligations of each Subsidiary Guarantor under its Subsidiary Guarantee hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment which would otherwise have reduced such the Obligations of any Subsidiary Guarantor hereunder (whether such payment shall have been made by or on behalf of the Company Issuer or by or on behalf of a Subsidiary Guarantor) is rescinded or reclaimed from any of the Holders upon the insolvency, bankruptcy, liquidation or reorganization of the Company Issuer or any Subsidiary Guarantor or otherwise, all as though such payment had not been made. If demand for, or acceleration of the time for, payment by the Company Issuer is stayed upon the insolvency, bankruptcy, liquidation or reorganization of the CompanyIssuer, all such Indebtedness Obligations otherwise subject to demand for payment or acceleration shall nonetheless be payable by each Subsidiary Guarantor as provided herein.
Appears in 1 contract
Samples: Indenture (Revlon Inc /De/)