Common use of Payment Set Aside Clause in Contracts

Payment Set Aside. To the extent that the Company makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, hereunder or pursuant to any of the other Transaction Documents or Purchaser or the Company enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaser, as applicable, a trustee, receiver or any other person under any Applicable Law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company makes a payment Company, any of its Subsidiaries (if any) or payments to Purchaser, or the Purchaser any other obligor makes a payment or payments to the Company, Purchasers hereunder or pursuant to any of the under other Transaction Documents or Purchaser agreements contemplated hereby or the Company enforces Purchasers enforce their rights or exercises its respective rights exercise their right of setoff hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise setoff or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or PurchaserCompany, as applicableany of its Subsidiaries (if any), a trustee, receiver or any other person Person under any Applicable Law law (including, without limitation, including any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued shall continue in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company or any of its Subsidiaries makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, hereunder or Buyer pursuant to this Agreement, the Registration Rights Agreement, the Notes, the Shares, the Guaranty or any of the other Transaction Documents Document or Purchaser or the Company a Buyer enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaserany of its Subsidiaries, as applicable, by a trustee, receiver or any other person Person under any Applicable Law law (including, without limitation, including any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company or any of its Subsidiaries makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, hereunder or Buyer pursuant to this Agreement, the Notes, the Warrants, the Registration Rights Agreement, the Subsidiary Guaranty or any of the other Transaction Documents Document or Purchaser or the Company a Buyer enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaserany of its Subsidiaries, as applicable, by a trustee, receiver or any other person Person under any Applicable Law law (including, without limitation, including any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company or any of its Subsidiaries makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, hereunder or Buyer pursuant to this Agreement, the Registration Rights Agreement, the Note, the Warrant, the Guaranty or any of the other Transaction Documents Document or Purchaser or the Company Buyer enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaserany of its Subsidiaries, as applicable, by a trustee, receiver or any other person Person under any Applicable Law law (including, without limitation, including any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, any Investor hereunder or pursuant to any of the other Transaction Documents or Purchaser Subscription Agreement, Registration Rights Agreement or the Company Certificate of Designation or any Investor enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaser, as applicableCompany, a trustee, receiver or any other person under any Applicable Law law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action)) by the court of competent jurisdiction in a final non-appealable judgment, then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and or effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Payment Set Aside. To the extent that the Company makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, Investor hereunder or pursuant to any of the other Transaction Documents or Purchaser Subscription Agreement, the Registration Rights Agreement or the Company Certificate of Designation or the Investor enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaser, as applicableCompany, a trustee, receiver or any other person under any Applicable Law law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action)) by the court of competent jurisdiction in a final non-appealable judgment, then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and or effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.

Payment Set Aside. To the extent that the Company or any of its Subsidiaries makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, hereunder or Buyer pursuant to this Agreement, the Registration Rights Agreement, the Notes, the Shares, the Guaranty or any of the other Transaction Documents Document or Purchaser or the Company a Buyer enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaserany of its Subsidiaries, as applicable, by a trustee, receiver or any other person Person under any Applicable Law law (including, without limitation, including any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.. q. Independent

Payment Set Aside. To the extent that the Company makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, Buyer hereunder or pursuant to the Certificate of Designation, Series I Preferred Stock or any of the other Transaction Documents agreement, certificate, instrument or Purchaser document contemplated hereby or thereby, or the Company Buyer enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, or set aside, recovered from, or disgorged by the Buyer, or are required to be refunded, repaid or otherwise restored to the Company or Purchaser, as applicableCompany, a trustee, receiver or any other person or entity under any Applicable Law law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company makes a payment or payments to Purchaser, or the Purchaser Issuer makes a payment or payments to the Company, Buyer or a holder of the Note (or any portion thereof) hereunder or pursuant to any of the other Transaction Documents or Purchaser the Buyer or the Company holder of the Note (or any portion thereof) enforces or exercises its respective their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaser, as applicableIssuer, a trustee, receiver or any other person Person under any Applicable Law law (including, without limitation, any bankruptcy law, foreign, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company or any of its Subsidiaries makes a payment or payments to Purchasera Buyer pursuant to this Agreement, the Investors’ Rights Agreement, the Shares, or the Purchaser makes a payment or payments to the Company, hereunder or pursuant to any of the other Transaction Documents Document or Purchaser or the Company a Buyer enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaserany of its Subsidiaries, as applicable, by a trustee, receiver or any other person Person under any Applicable Law law (including, without limitation, including any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company makes a payment or payments to Purchaser, or the Purchaser any of its Subsidiaries makes a payment or payments to the Company, Buyers hereunder or pursuant to any of the other Transaction Documents or Purchaser Registration Rights Agreement, the Notes or the Company enforces Guaranty or exercises its respective the Buyers enforce or exercise their rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaserany of its Subsidiaries, as applicable, by a trustee, receiver or any other person under any Applicable Law law (including, without limitation, including any bankruptcy law, state state, provincial or territorial or U.S. or Canadian federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company or any of its Subsidiaries makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, hereunder or Buyer pursuant to this Agreement, the Notes, the Warrants, the Subsidiary Guaranty or any of the other Transaction Documents Document or Purchaser or the Company a Buyer enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaserany of its Subsidiaries, as applicable, by a trustee, receiver or any other person Person under any Applicable Law law (including, without limitation, including any bankruptcy law, state or federal law, common law or equitable cause of action), then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such enforcement or setoff had not occurred.

Payment Set Aside. To the extent that the Company makes a payment or payments to Purchaser, or the Purchaser makes a payment or payments to the Company, Investor hereunder or pursuant to any of the other Transaction Documents or Purchaser Subscription Agreement, Registration Rights Agreement or the Company Certificate of Designation or the Investor enforces or exercises its respective rights hereunder or thereunder, and such payment or payments or the proceeds of such enforcement or exercise or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, recovered from, disgorged by or are required to be refunded, repaid or otherwise restored to the Company or Purchaser, as applicableCompany, a trustee, receiver or any other person under any Applicable Law law (including, without limitation, any bankruptcy law, state or federal law, common law or equitable cause of action)) by the court of competent jurisdiction in a final non-appealable judgment, then to the extent of any such restoration the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and or effect as if such payment had not been made or such enforcement or setoff set-off had not occurred.