Common use of Reinstatement; Certain Payments Clause in Contracts

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Obligations, the Agent or such Lender shall give prompt notice of such claim to each other Lender and the Borrower, and if the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.

Appears in 9 contracts

Samples: Financing Agreement (Composite Technology Corp), Senior Loan Agreement (DSW Inc.), Financing Agreement (Penthouse International Inc)

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Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 9 contracts

Samples: Financing Agreement (Xponential Fitness, Inc.), Financing Agreement (Xponential Fitness, Inc.), Financing Agreement (Xponential Fitness, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 7 contracts

Samples: Credit Agreement (Boxlight Corp), Financing Agreement (Elgar Holdings Inc), Credit Agreement (Imperial Petroleum Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender Holder for repayment or recovery of any amount or amounts received by the Agent or such Lender Holder in payment or on account of any of the Obligations, the Agent or such Lender Holder shall give prompt notice of such claim to each other Lender Holder and the BorrowerIssuer, and if the Agent or such Lender Holder repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender Holder or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender Holder with any such claimant, then and in such event each Loan Party Obligor agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Note Documents or the termination of this Agreement or the other Loan Note Documents, and (B) it shall be and remain liable to the Agent or such Lender Holder hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such LenderHolder.

Appears in 6 contracts

Samples: Securities Purchase Agreement (FriendFinder Networks Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Obligations, the Agent or such Lender shall give prompt notice of such claim to each other Lender and the Administrative Borrower, and if the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.

Appears in 6 contracts

Samples: Financing Agreement (Ahl Services Inc), Financing Agreement (Gerber Scientific Inc), Bridge Term Loan Agreement (Cenuco Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent Trustee or any Lender Holder for repayment or recovery of any amount or amounts received by the Agent Trustee or such Lender Holder in payment or on account of any of the Obligations, the Agent Trustee or such Lender Holder shall give prompt notice of such claim to each other Lender Holder and the BorrowerIssuers, and if the Agent Trustee or such Lender Holder repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent Trustee or such Lender Holder or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent Trustee or such Lender Holder with any such claimant, then and in such event each Loan Party Obligor agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Note Documents or the termination of this Agreement Indenture or the other Loan Note Documents, and (B) it shall be and remain liable to the Agent Trustee or such Lender Holder hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent Trustee or such LenderHolder.

Appears in 4 contracts

Samples: Indenture (FRNK Technology Group), Indenture (FriendFinder Networks Inc.), Interactive (FriendFinder Networks Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Agent, such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 3 contracts

Samples: Financing Agreement (Magnetek Inc), Financing Agreement (Progressive Gaming International Corp), Financing Agreement (Gametech International Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 3 contracts

Samples: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC), Credit Agreement (Idleaire Technologies Corp)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Obligations, the Agent or such Lender shall give prompt notice of such claim to each other Lender and the Administrative Borrower, and if the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.. 100

Appears in 2 contracts

Samples: Financing Agreement (Life Sciences Research Inc), Financing Agreement (Life Sciences Research Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Obligations, the Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.

Appears in 2 contracts

Samples: Financing Agreement (Wmi Holdings Corp.), Financing Agreement (Washington Mutual, Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.. 9482/74344-002 current/44725066v15

Appears in 2 contracts

Samples: Financing Agreement (Angie's List, Inc.), Financing Agreement (Angie's List, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Secured Obligations, the Agent or such Lender shall give prompt notice of such claim to each other to, as applicable, Agent, Lender and the BorrowerGrantor, and if the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party Grantor agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.

Appears in 2 contracts

Samples: Engine and Spare Parts Security Agreement (Hawaiian Holdings Inc), Engine and Spare Parts Security Agreement (Hawaiian Holdings Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Lender Agent and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it 91 notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 2 contracts

Samples: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender Lender, as applicable, shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable 105 to the such Agent or and such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 1 contract

Samples: Financing Agreement (Russ Berrie & Co Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Obligations, the Agent or such Lender shall give prompt notice of such claim to each other Lender and the to each Borrower, and if the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.

Appears in 1 contract

Samples: Credit Agreement (Cornerworld Corp)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the BorrowerParent, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative Administrative body having jurisdiction over the such Agent or such Lender or any of its their property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder Note or under other instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 1 contract

Samples: Financing Agreement (High Voltage Engineering Corp)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (ia) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (iib) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (Ax) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (By) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 1 contract

Samples: Financing Agreement (Westmoreland Resource Partners, LP)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Agent, such Lender in payment or on account of any of the Obligations, the Agent or such Agent, such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the Agent or such Agent, such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Agent, such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Agent, such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Agent, such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Agent, such Lender.

Appears in 1 contract

Samples: Financing Agreement (Dice Holdings, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon the Administrative Agent or any Lender for repayment or recovery of any amount or amounts received by the Administrative Agent or such Lender in payment or on account of any of the Obligations, the Administrative Agent or such Lender shall give prompt notice of such claim to each other Lender and the Borrower, and if the Administrative Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Administrative Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Administrative Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Administrative Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Administrative Agent or such Lender.

Appears in 1 contract

Samples: Credit Agreement (Progressive Gaming International Corp)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its their property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness Debt hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 1 contract

Samples: Credit Agreement (Pen Holdings Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Obligations, the Agent or such Lender shall give prompt notice of such claim to each other Lender and the BorrowerParent, and if the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.

Appears in 1 contract

Samples: Financing Agreement (Lakes Entertainment Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent Lenders or any Lender the Agents for repayment or recovery of any amount or amounts received by the Agent Lenders or such Lender the Agents in payment or received on account of any of the Obligations, the Agent Lenders or such Lender the Agents shall give prompt notice of such claim to each other Lender and the Borrower, and if the Agent Lenders or such Lender repays the Agents repay all or part of such amount by reason of (i) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Agent Lenders or such Lender the Agents or any of its their respective property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent Lenders or such Lender the Agents with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder instrument evidencing the Obligations or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (B) it shall be and remain liable to the Agent Lenders or such Lender the Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent Lenders or such Lenderthe Agents.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (SOI Holdings, Inc.)

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Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender Holder for repayment or recovery of any amount or amounts received by the such Agent or such Lender Holder in payment or on account of any of the Obligations, the such Agent or such Lender Holder shall give prompt notice of such claim to each other Lender Agent and Holder and the BorrowerIssuer, and if the such Agent or such Lender Holder repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender Holder or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender Holder with any such claimant, then and in such event each Loan Party the Issuer agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Note Documents or the termination of this Agreement or the other Loan Note Documents, and (B) it shall be and remain liable to the such Agent or such Lender Holder hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such LenderHolder.

Appears in 1 contract

Samples: Anchor Glass Container (Anchor Glass Container Corp /New)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Obligations, the Agent or such Lender shall give prompt notice of such claim to each other Lender and the Borrower, and if the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent Agent, or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.

Appears in 1 contract

Samples: Credit Agreement (Deep Down, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender Secured Creditor, for repayment or recovery of any amount or amounts received by the Agent or such Lender Secured Creditor, in payment or on account of any of the Secured Obligations, the Agent or such Lender Secured Creditor shall give prompt notice of such claim to each other Lender Secured Creditor and the BorrowerPledgors, and if the Agent or such Lender Secured Creditor repays all or part of such amount by reason of (ia) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender Secured Creditor, or any of its property, property or (iib) any good faith settlement or compromise of any such claim effected by the Agent or such Lender Secured Creditor with any such claimant, then and in such event then, each Loan Party Pledgor agrees that (Ai) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (Bii) it shall be and remain liable to the Agent or such Lender Secured Creditor hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such LenderSecured Creditor.

Appears in 1 contract

Samples: Pledge Agreement (Silicon Graphics Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Term Loan Obligations, the Agent or such Lender shall give prompt notice of such claim to each other Lender and the Borrower, and if the Agent or Agents, such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Anchor Glass Container Corp /New)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.. 140

Appears in 1 contract

Samples: Credit Agreement (Stronghold Digital Mining, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith 140 settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 1 contract

Samples: Financing Agreement (Xponential Fitness, Inc.)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender or for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Obligations, the Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if the Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such the Lender.

Appears in 1 contract

Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each Agent and other Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 1 contract

Samples: Financing Agreement (Modtech Holdings Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender Banks for repayment or recovery of any amount or amounts received by the Agent or such Lender any Banks in payment or on account of any of the ObligationsObligations under this Agreement, the Agent or such Lender Bank shall give prompt notice of such claim to each other Lender Bank and the Borrower, and if the Agent Agent, or such Lender any Bank repays all or part of such said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over Agent, the Agent or such Lender Banks or any of its property, their property or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party event, Borrower agrees that (Aa) any such judgment, decree, order, settlement or compromise shall be binding upon it Borrower notwithstanding the cancellation of any Indebtedness hereunder Note or other instrument evidencing the Obligations under this Agreement or the other Loan Documents or the termination of this Agreement or the other Loan Documents, Documents and (Bb) it shall be and remain liable to Agent and the Agent or such Lender Banks hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by Agent and the Agent or such LenderBanks.

Appears in 1 contract

Samples: Note Agreement (Brothers Gourmet Coffees Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Agent, such Lender with any such claimant, then and in such event each Loan Party the Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.

Appears in 1 contract

Samples: Financing Agreement (Compass Group Diversified Holdings LLC)

Reinstatement; Certain Payments. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.. 170

Appears in 1 contract

Samples: Credit Agreement (Boxlight Corp)

Reinstatement; Certain Payments. ●. If any claim is ever made upon the any Agent or any Lender for repayment or recovery of any amount or amounts received by the such Agent or such Lender in payment or on account of any of the Obligations, the such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the such Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the such Agent or such Lender with any such claimant, then and in such event each Loan Party agrees that (A) any 156 KL2 3287103.6 ​ such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the such Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the such Agent or such Lender.. Indemnification

Appears in 1 contract

Samples: Credit Agreement (Boxlight Corp)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender the Lenders for repayment or recovery of any amount or amounts received by the Agent or such Lender the Lenders in payment or on account of any of the ObligationsObligations under this Agreement, the Agent or such Lender the Lenders shall give prompt notice of such claim to each other Lender and the BorrowerBorrowers, and if the Agent or such Lender the Lenders repays all or part of such said amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender the Lenders or any of its their property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it the Borrowers notwithstanding the cancellation of any Indebtedness hereunder Note or other instrument evidencing the Obligations under this Agreement or the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender the Lenders hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lenderthe Lenders.

Appears in 1 contract

Samples: Financing Agreement (Chic by H I S Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Agent or any Lender for repayment or recovery of any amount or amounts received by the Agent or such Lender in payment or on account of any of the Secured Obligations, the Agent or such Lender shall give prompt notice of such claim to to, as applicable, Agent, each other Lender and the BorrowerGrantor, and if the such Agent or such Lender repays all or part of such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Agent or such Lender or any of its property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent or such Lender with any such claimant, then and in such event each Loan Party Grantor agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon it notwithstanding the cancellation of any Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents, and (B) it shall be and remain liable to the Agent or such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent or such Lender.

Appears in 1 contract

Samples: Engine and Spare Parts Security Agreement (Hawaiian Holdings Inc)

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