Common use of Recovered Payments Clause in Contracts

Recovered Payments. The Guaranteed Obligations shall be deemed not to have been paid, observed or performed, and each Guarantor’s obligations under the Guarantor Related Documents in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance thereof by the Company or any other guarantor, or out of the proceeds of any Collateral, is recovered from or paid over by or for the account of any Guaranteed 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 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 any Guaranteed Party (whether or not consented to by the Company, any Guarantor or any other guarantor) of any claim for any such recovery or payment over. Each Guarantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents with respect to any Guaranteed Obligation whenever such a recovery or payment over thereof occurs.

Recovered Payments. The Guaranteed Secured Obligations shall be deemed not to have been paid, observed or performed, and each Guarantor’s the Pledgor's obligations under the Guarantor Related Documents Transaction Agreements in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance thereof by the Company Companies or any other guarantor, or out of the proceeds of any Collateralother collateral, is recovered from or paid over by or for the account of any Guaranteed Party the Holders 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 Guaranteed 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 any Guaranteed Party the Holders (whether or not consented to by the CompanyCompanies, any Guarantor the Pledgor or any other guarantor) of any claim for any such recovery or payment over. Each Guarantor The Pledgor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents obligated hereunder with respect to any Guaranteed Obligation Secured Obligations whenever such a recovery or payment over thereof occurs.

Recovered Payments. The Guaranteed Obligations shall be deemed not to have been paid, observed or performed, and the Borrower's and each Guarantor’s 's obligations under the Guarantor Related Documents hereunder in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance payment thereof by the Company Borrower or any other guarantor, or out of the proceeds of any Collateralcollateral, is recovered from or paid over by or for the account of any Guaranteed Party Bank or other holder of a Note 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 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 any Guaranteed Party such Bank or other holder of a Note (whether or not consented to by the CompanyBorrower, any Guarantor or any other guarantor) of any claim for any such recovery or payment over. Each The Borrower and each Guarantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents hereunder with respect to any Guaranteed Obligation whenever such a recovery or payment over thereof occurs.

Recovered Payments. The Guaranteed Obligations shall be deemed not to have been paid, observed or performed, and each the Guarantor’s 's obligations under the Guarantor Related Documents hereunder in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance payment thereof by the Company Borrower or any other guarantorthe Guarantor, or out of the proceeds of any Collateralcollateral, is recovered from or paid over by or for the account of any the Guaranteed Party Parties for any reason, including as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise; provided that, if such subordination is contractual, the Guarantor shall have consented thereto in writing) of the 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 any the Guaranteed Party Parties (whether or not consented to by the CompanyBorrower, any the Guarantor or any other guarantor) of any claim for any such recovery or payment over. Each The Guarantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents with respect to any Guaranteed Obligation hereunder whenever such a recovery or payment over thereof occurs.

Recovered Payments. The Guaranteed Obligations shall be deemed not to have been paid, observed or performed, and each the Guarantor’s obligations under the Guarantor Related Documents hereunder in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance thereof by the Company Buyer or any other guarantor, or out of the proceeds of any Collateralcollateral, is recovered from or paid over by or for the account of any the Guaranteed 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 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 any the Guaranteed Party (whether or not consented to by the CompanyBuyer, any the Guarantor or any other guarantor) of any claim for any such recovery or payment over. Each The Guarantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents hereunder with respect to any Guaranteed Obligation whenever such a recovery or payment over thereof occurs.

Recovered Payments. The Guaranteed Obligations shall be deemed not to have been paid, observed or performed, and each the Guarantor’s 's obligations under the Guarantor Related Documents hereunder in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance payment thereof by the Company either Borrower or any other guarantorGuarantor, or out of the proceeds of any Collateralcollateral, is recovered from or paid over by or for the account of any the Guaranteed Party Parties 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 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 any the Guaranteed Party Parties (whether or not consented to by the Companyeither Borrower, any Guarantor of the Guarantors or any other guarantor) of any claim for any such recovery or payment over. Each Guarantor of the Guarantors hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents with respect to any Guaranteed Obligation hereunder whenever such a recovery or payment over thereof occurs.

Recovered Payments. The Guaranteed Secured Obligations shall be deemed not to have been paid, observed or performed, and each GuarantorPledgor’s obligations under the Guarantor Related Collateral Documents in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance thereof by the Company Borrower or any other guarantor, or out of the proceeds of any Collateralother collateral, is recovered from or paid over by or for the account of any Guaranteed 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 Guaranteed 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 any Guaranteed Secured Party (whether or not consented to by the CompanyBorrower, any Guarantor a Pledgor or any other guarantor) of any claim for any such recovery or payment over. Each Guarantor Pledgor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents obligated hereunder with respect to any Guaranteed Obligation Secured Obligations whenever such a recovery or payment over thereof occurs.

Recovered Payments. The Guaranteed Obligations shall be deemed not to have been paid, observed or performed, and each the Guarantor’s 's obligations under the Guarantor Related Documents hereunder in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance payment thereof by Cogenex or the Company or any other guarantorGuarantor, or out of the proceeds of any Collateralcollateral, is recovered from or paid over by or for the account of any the Guaranteed Party for any reason, including Parties as a preference or fraudulent transfer or by virtue of any subordination (whether present or future or contractual or otherwise) of the 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 any the Guaranteed Party Parties (whether or not consented to by Cogenex, the Company, any Guarantor or any other guarantor) of any claim for any such recovery or payment over. Each The Guarantor hereby expressly waives waives, to the extent permitted by Applicable Law, the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents with respect to any Guaranteed Obligation hereunder whenever such a recovery or payment over thereof occurs.

Recovered Payments. The Guaranteed Obligations shall be deemed not to have been paid, observed or performed, and each Guarantor’s the obligations under of the Guarantor Related Documents hereunder in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance payment thereof by any of the Company Account Parties or any other guarantorthe Guarantor, or out of the proceeds of any Collateralcollateral, is recovered from or paid over by or for the account of any the Guaranteed Party Parties 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 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 any the Guaranteed Party Parties (whether or not consented to by any Account Party, the Company, any Guarantor or any other guarantor) of any claim for any such recovery or payment over. Each The Guarantor hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents with respect to any Guaranteed Obligation hereunder whenever such a recovery or payment over thereof occurs.

Recovered Payments. The Guaranteed Obligations shall be ------------------ deemed not to have been paid, observed or performed, and each the Guarantor’s 's obligations under the Guarantor Related Documents hereunder in respect thereof shall continue and not be discharged, to the extent that any payment, observance or performance payment thereof by the Company either Borrower or any other guarantorGuarantor, or out of the proceeds of any Collateralcollateral, is recovered from or paid over by or for the account of any the Guaranteed Party Parties 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 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 any the Guaranteed Party Parties (whether or not consented to by the Companyeither Borrower, any Guarantor of the Guarantors or any other guarantor) of any claim for any such recovery or payment over. Each Guarantor of the Guarantors hereby expressly waives the benefit of any applicable statute of limitations and agrees that it shall be liable under the Guarantor Related Documents with respect to any Guaranteed Obligation hereunder whenever such a recovery or payment over thereof occurs.