Common use of Recovered Payments Clause in Contracts

Recovered Payments. The Secured Obligations shall be deemed not to have been paid, observed or performed, and Grantors’ obligations under this Security Agreement in respect thereof shall continue and not be discharged, to the extent that any payment, observance, or performance thereof by any Grantor is recovered from or paid over by or for the account of Administrative Agent for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Agent or Secured Parties (whether or not consented to by Grantors) of any claim for any such recovery or payment over. Each Grantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable hereunder whenever such a recovery or payment over occurs.

Appears in 6 contracts

Samples: Security Agreement (Suburban Propane Partners Lp), Existing Credit Agreement (Suburban Propane Partners Lp), Security Agreement (Suburban Propane Partners Lp)

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Recovered Payments. The Secured Obligations shall be deemed not to have been paid, observed or performed, and Grantors’ obligations under this Security Agreement in respect thereof shall continue and not be discharged, to the extent that any payment, observance, or performance thereof by any Grantor is recovered from or paid over by or for the account of Administrative Collateral Agent for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Collateral Agent or Secured Parties (whether or not consented to by Grantors) of any claim for any such recovery or payment over. Each Grantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable hereunder whenever such a recovery or payment over occurs.

Appears in 2 contracts

Samples: Assignment, and Security Agreement (Allied Capital Corp), Assignment, and Security Agreement (Allied Capital Corp)

Recovered Payments. The Secured Obligations shall be deemed not to have been paid, observed or performed, and Grantors’ obligations Obligations under this Security Agreement in respect thereof shall continue and not be discharged, to the extent that any payment, observance, observance or performance thereof by any Grantor is recovered from or paid over by or for the account of Administrative Agent Secured Party for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Agent or Secured Parties Party (whether or not consented to by Grantors) of any claim for any such recovery or payment over. Each Grantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable hereunder whenever such a recovery or payment over occurs.

Appears in 1 contract

Samples: Security Agreement (Harte Hanks Inc)

Recovered Payments. The Secured Obligations shall be deemed not to have been paid, observed or performed, and Grantors’ the Grantor’s obligations under this Security Agreement in respect thereof shall continue and not be discharged, to the extent that any payment, observance, observance or performance thereof by any Grantor is recovered from or paid over by or for the account of Administrative Agent Secured Party for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Agent or Secured Parties Party (whether or not consented to by GrantorsGrantor) of any claim for any such recovery or payment over. Each Grantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable hereunder whenever such a recovery or payment over occurs.

Appears in 1 contract

Samples: Pledge Agreement

Recovered Payments. The Secured Obligations shall be deemed not to have been paid, observed or performed, and Grantors’ obligations Obligations under this Security Agreement in respect thereof shall continue and not be discharged, to the extent that any payment, observance, observance or performance thereof by any Grantor is recovered from or paid over by or for the account of Administrative Agent Lender for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Agent or Secured Parties Lender (whether or not consented to by Grantors) of any claim for any such recovery or payment over. Each Grantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable hereunder whenever such a recovery or payment over occurs.

Appears in 1 contract

Samples: Pledge and Security Agreement (Electronic Cigarettes International Group, Ltd.)

Recovered Payments. The Secured Obligations shall be deemed not to have been paid, observed or performed, and Grantors’ Grantor’s obligations under this Security Agreement in respect thereof shall continue and not be discharged, to the extent that any payment, observance, observance or performance thereof by any Grantor is recovered from or paid over by or for the account of Administrative Agent Secured Party for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Agent or Secured Parties Party (whether or not consented to by GrantorsGrantor) of any claim for any such recovery or payment over. Each Grantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable hereunder whenever such a recovery or payment over occurs.

Appears in 1 contract

Samples: Pledge Agreement (Lm Funding America, Inc.)

Recovered Payments. The Secured Guaranteed Obligations shall be deemed not to have been paid, observed or performed, and Grantors’ each Guarantor's obligations under this Security Agreement hereunder in respect thereof shall continue and not be discharged, to the extent that any payment, observance, or performance payment thereof by any Grantor Person is recovered from or paid over by or for the account of Administrative Agent any Guaranteed Person for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Guaranteed Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Agent or Secured Parties such Guaranteed Person (whether or not consented to by Grantorsany Guarantor or any other guarantor) of any claim for any such recovery or payment over. Each Grantor Guarantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable hereunder with respect to any Guaranteed Obligation whenever such a recovery or payment over thereof occurs.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

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Recovered Payments. The Secured Obligations shall be deemed not to have been paid, observed or performed, and Grantorsthe Pledgors’ obligations under this Security Agreement in with respect thereof thereto shall continue and not be discharged, to the extent that any payment, observance, observance or performance thereof by any Grantor Pledgor is recovered from or paid over by or for the account of Administrative Agent Lender for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Agent or Secured Parties the Lender (whether or not consented to by Grantorsany Pledgor) of any claim for any such recovery or payment over. Each Grantor Pledgor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it he shall be liable hereunder whenever such a recovery or payment over occurs.. NOTICES

Appears in 1 contract

Samples: Pledge Agreement

Recovered Payments. The Secured Obligations shall be deemed not to have been paid, observed or performed, and the Grantors’ obligations under this Security Agreement in respect thereof shall continue and not be discharged, to the extent that any payment, observance, observance or performance thereof by any Grantor is recovered from or paid over by or for the account of Administrative Agent Secured Party for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Agent or Secured Parties Party (whether or not consented to by Grantors) of any claim for any such recovery or payment over. Each Grantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable hereunder whenever such a recovery or payment over occurs.

Appears in 1 contract

Samples: Pledge Agreement (Lm Funding America, Inc.)

Recovered Payments. The Secured Obligations shall be deemed not to have been paid, observed or performed, and Grantors’ obligations under this Security Agreement in respect thereof the Secured Obligations shall continue and not be discharged, to the extent that any payment, observance, observance or performance thereof by any Grantor is recovered from or paid over by or for the account of Administrative Agent for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the Secured Obligations, whether such recovery or payment over is effected by any judgment, decree or order of any court or governmental agency, by any plan of reorganization or by settlement or compromise by Administrative Agent or Secured Parties (whether or not consented to by GrantorsGrantor) of any claim for any such recovery or payment over. Each Grantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable hereunder whenever such a recovery or payment over occurs.

Appears in 1 contract

Samples: Security Agreement (Aemetis, Inc)

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