Common use of Reinstatement and Continuation of Agreement Clause in Contracts

Reinstatement and Continuation of Agreement. If the Agent or any Lender is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Credit Party or any other Person any amount (a “Recovery”), then the Loan Agreement Secured Obligations shall be reinstated to the extent of such Recovery. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair, or otherwise affect the obligations of the parties hereto from such date of reinstatement. All rights, interests, agreements, and obligations of the Agent, the Lenders, the Collateral Agent, the Trustee, and the Noteholders under this Agreement shall remain in full force and effect and shall continue irrespective of the commencement of, or any discharge, confirmation, conversion, or dismissal of, any Insolvency or Liquidation Proceeding by or against any Credit Party or any other circumstance which otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Loan Documents. No priority or right of the Agent, any Lender, the Collateral Agent, the Trustee or any Noteholder shall at any time be prejudiced or impaired in any way by any act or failure to act on the part of any Credit Party or by the noncompliance by any Person with the terms, provisions, or covenants of any Loan Document, regardless of any knowledge thereof which the Agent, any Lender, the Collateral Agent, the Trustee or any Noteholder may have.

Appears in 1 contract

Samples: Intercreditor and Lien Subordination Agreement (GNLV Corp)

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Reinstatement and Continuation of Agreement. If the any Secured Party Agent or any Lender Secured Creditor is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Credit Party or any other Person any amount payment made in satisfaction of all or any portion of the Secured Obligations (a “Recovery”), then the Loan Agreement Secured Obligations shall be reinstated to the extent of such Recovery. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effecteffect in the event of such Recovery, and such prior termination shall not diminish, release, discharge, impair, impair or otherwise affect the obligations of the parties hereto Parties from such date of reinstatement. All rights, interests, agreements, agreements and obligations of the Agent, the Lenders, the Collateral Agent, the Trustee, each Secured Party Agent and the Noteholders each Secured Creditor under this Agreement shall remain in full force and effect and shall continue irrespective of the commencement of, or any discharge, confirmation, conversion, conversion or dismissal of, any Insolvency or Liquidation Proceeding by or against any Credit Party or any other circumstance which otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Loan DocumentsSecured Obligations. No priority or right of the Agent, any Lender, the Collateral Agent, the Trustee Secured Party Agent or any Noteholder Secured Creditor shall at any time be prejudiced or impaired in any way by any act or failure to act on the part of the Parent Borrower or any Credit Party Guarantor or by the noncompliance by any Person with the terms, provisions, provisions or covenants of any Loan Documentof the Secured Debt Documents, regardless of any knowledge thereof which the Agent, any Lender, the Collateral Agent, the Trustee Secured Party Agent or any Noteholder Secured Creditor may have.

Appears in 1 contract

Samples: Intercreditor Agreement (Servicemaster Co)

Reinstatement and Continuation of Agreement. (a) If the Agent or any Lender is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the Borrower, any Credit Party of its Subsidiaries, any Guarantor or any other Person any amount (a “Recovery”"RECOVERY"), then the Loan Agreement Secured Obligations shall be reinstated to the extent of such Recovery. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair, or otherwise affect the obligations of the parties hereto from such date of reinstatement. All rights, interests, agreements, and obligations of the Agent, the Lenders, the Collateral Agent, the Trustee, the Lender, and the Noteholders under this Agreement shall remain in full force and effect and shall continue irrespective of the commencement of, or any discharge, confirmation, conversion, or dismissal of, of any Insolvency or Liquidation Proceeding by or against Borrower, any Credit Party of its Subsidiaries or any Guarantor or any other circumstance which otherwise might constitute a defense available to, or a discharge ofof the Borrower, any Credit Party Subsidiary or any Guarantor in respect of the Loan DocumentsAgreement Secured Obligations. No priority or right of the Agent, any Lender, the Collateral Agent, the Trustee or any Noteholder Lender shall at any time be prejudiced or impaired in any way by any act or failure to act on the part of the Borrower, any Credit Party of its Subsidiaries or any Guarantor or by the noncompliance by any Person with the terms, provisions, or covenants of the Loan Agreement, the Indenture or any of the other Loan DocumentDocuments, regardless of any knowledge thereof which the Agent, any Lender, the Collateral Agent, the Trustee or any Noteholder Lender may have.

Appears in 1 contract

Samples: Intercreditor Agreement (Empire Resorts Inc)

Reinstatement and Continuation of Agreement. (a) If the Agent or any Lender is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of the any Credit Party Debtor or any other Person any amount (a "Recovery"), then the Loan Agreement Secured Obligations shall be reinstated to the extent of such Recovery. If this Agreement shall have been terminated prior to such RecoveryRecovery (or prior to any Recovery described in clause (b) of this Section), this Agreement shall be reinstated in full force and effect, and such prior termination shall not diminish, release, discharge, impair, or otherwise affect the obligations of the parties hereto from such date of reinstatement. All rights, interests, agreements, and obligations of the AgentTrustee, the LendersNoteholders, the Collateral Agent, the Trustee, and the Noteholders Lenders under this Agreement shall remain in full force and effect and shall continue irrespective of the commencement of, or any discharge, confirmation, conversion, or dismissal of, of any Insolvency or Liquidation Proceeding by or against any Credit Party Debtor or any other circumstance which otherwise might constitute a defense available to, or a discharge of, of any Credit Party Debtor in respect of the Loan DocumentsAgreement Secured Obligations or the Indenture Secured Obligations. No priority or right of the Agent, any Lender, the Collateral Agent, the Trustee Agent or any Noteholder Lender shall at any time be prejudiced or impaired in any way by any act or failure to act on the part of any Credit Party Debtor or by the noncompliance by any Person with the terms, provisions, or covenants of any Loan Document, regardless of any knowledge thereof which the Agent, any Lender, the Collateral Agent, the Trustee Agent or any Noteholder Lender may have.

Appears in 1 contract

Samples: Intercreditor and Lien Subordination Agreement (Majestic Star Casino LLC)

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Reinstatement and Continuation of Agreement. If the any Secured Party Agent or any Lender Secured Creditor is required in any Insolvency or Liquidation Proceeding or otherwise to turn over or otherwise pay to the estate of any Credit Party or any other Person any amount payment made in satisfaction of all or any portion of the Secured Obligations (a “Recovery”), then the Loan Agreement Secured Obligations shall be reinstated to the extent of such Recovery. If this Agreement shall have been terminated prior to such Recovery, this Agreement shall be reinstated in full force and effecteffect in the event of such Recovery, and such prior termination shall not diminish, release, discharge, impair, impair or otherwise affect the obligations of the parties hereto Parties from such date of reinstatement. All rights, interests, agreements, agreements and obligations of the Agent, the Lenders, the Collateral Agent, the Trustee, each Secured Party Agent and the Noteholders each Secured Creditor under this Agreement shall remain in full force and effect and shall continue irrespective of the commencement of, or any discharge, confirmation, conversion, conversion or dismissal of, any Insolvency or Liquidation Proceeding by or against any Credit Party or any other circumstance which otherwise might constitute a defense available to, or a discharge of, any Credit Party in respect of the Loan DocumentsSecured Obligations. No priority or right of the Agent, any Lender, the Collateral Agent, the Trustee Secured Party Agent or any Noteholder Secured Creditor shall at any time be prejudiced or impaired in any way by any act or failure to act on the part of Holdings, the Borrower or any Credit Party Guarantor or by the noncompliance by any Person with the terms, provisions, provisions or covenants of any Loan Documentof the Secured Debt Documents, regardless of any knowledge thereof which the Agent, any Lender, the Collateral Agent, the Trustee Secured Party Agent or any Noteholder Secured Creditor may have.

Appears in 1 contract

Samples: Intercreditor Agreement (Nalco Holding CO)

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