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 the Guarantor's obligations hereunder in respect thereof shall continue and not be discharged, to the extent that any payment thereof by either Borrower or any Guarantor, or out of the proceeds of any collateral, is recovered from or paid over by or for the account of the Guaranteed 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 the Guaranteed Parties (whether or not consented to by either Borrower, any of the Guarantors or any other guarantor) of any claim for any such recovery or payment over. Each of the Guarantors 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.

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

Recovered Payments. The Guaranteed Obligations shall be ------------------ deemed not to have been paid, observed or performed, and the Borrower's and each Guarantor's obligations hereunder in respect thereof shall continue and not be discharged, to the extent that any payment thereof by either the Borrower or any Guarantorother guarantor, or out of the proceeds of any collateral, is recovered from or paid over by or for the account of the Guaranteed Parties any 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 the Guaranteed Parties such Bank or other holder of a Note (whether or not consented to by either the Borrower, any of the Guarantors Guarantor or any other guarantor) of any claim for any such recovery or payment over. Each of the Guarantors The Borrower and each 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.

Recovered Payments. The Guaranteed Obligations shall be ------------------ deemed not to have been paid, observed or performed, and the Guarantor's ’s obligations hereunder in respect thereof shall continue and not be discharged, to the extent that any payment payment, observance or performance thereof by either Borrower the Buyer or any Guarantorother guarantor, or out of the proceeds of any collateral, is recovered from or paid over by or for the account of the Guaranteed Parties 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 the Guaranteed Parties Party (whether or not consented to by either Borrowerthe Buyer, any of the Guarantors Guarantor or any other guarantor) of any claim for any such recovery or payment over. Each of the Guarantors The 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.

Recovered Payments. The Guaranteed Obligations shall be ------------------ deemed not to have been paid, observed or performed, and the Guarantor's obligations hereunder in respect thereof shall continue and not be discharged, to the extent that any payment thereof by either Borrower or any Guarantor, or out of the proceeds of any collateral, is recovered from or paid over by or for the account of the Guaranteed 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 the Guaranteed Parties (whether or not consented to by either Borrower, any of the Guarantors or any other guarantor) of any claim for any such recovery or payment over. Each of the Guarantors 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.