Common use of Reinstatement; Certain Payments Clause in Contracts

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

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

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

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

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

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

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender ------------------------------- for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations under this AgreementObligations, such Agent or such Lender shall give prompt notice of such claim to Borrowereach other Agent and Lender and the Borrowers, and if such Agent or such Lender repays all or part of said such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent, such Lender with any such claimant, then and in such event, Borrower event each Loan Party agrees that (aA) any such judgment, decree, order, settlement or compromise shall be binding upon Borrower it notwithstanding the cancellation of the Note any Indebtedness hereunder 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 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 such Agent or such Lender. The provisions of this Section shall survive the repayment of the Obligations and release of the Liens granted under the Loan Documents.

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

Reinstatement; Certain Payments. If any claim is ever made upon the Lender ------------------------------- for repayment or recovery of any amount or amounts received by the Lender in payment or on account of any of the Obligations under this AgreementObligations, the Lender shall give prompt notice of such claim to the Borrower, and if the Lender repays all or part of said such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over the Lender or any of its property property, or (ii) any good faith settlement or compromise of any such claim effected by the Lender with any such claimant, then and in such event, event the Borrower agrees that (aA) any such judgment, decree, order, settlement or compromise shall be binding upon Borrower it notwithstanding the cancellation of the 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 the Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lender.. SECTION 11.15

Reinstatement; Certain Payments. If a claim is ever made upon Lender ------------------------------- for repayment or recovery of any amount or amounts received by Lender in payment or on account of any of the Obligations obligations under this Agreement, Lender shall give prompt notice of such claim to Borrower, and if Lender repays all or part of said amount by reason of (ia) any judgment, decree or order of any court or administrative body having jurisdiction over Lender or any of its property property, or (iib) any good faith settlement or compromise of any such claim effected by Lender with any such claimant, entered into after consultation with Borrower, then and in such event, event Borrower agrees that (a) any such judgment, decree, order, settlement or compromise shall be binding upon such Borrower notwithstanding the cancellation of the Note or other instrument evidencing the Obligations obligations under this Agreement or the other Loan Documents or the termination of this Agreement or the other Loan Documents Agreement, and (b) it Borrower shall be and remain liable to Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by Lender.. 10.11

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

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

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

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

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

Reinstatement; Certain Payments. If any claim is ever made upon any Lender ------------------------------- for repayment or recovery of any amount or amounts received by such Lender in payment or on account of any of the Obligations under this AgreementObligations, such Lender shall give prompt notice of such claim to each other Lender and the Borrower, and if such Lender repays all or part of said such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Lender or any of its property property, or (ii) any good faith settlement or compromise of any such claim effected by such Lender with any such claimant, then and in such event, event the Borrower agrees that (aA) any such judgment, decree, order, settlement or compromise shall be binding upon Borrower it notwithstanding the cancellation of the Note or other instrument evidencing the Obligations under this Agreement or the other Loan Documents hereunder or the termination of this Agreement or the other Loan Documents Agreement, and (bB) it shall be and remain liable to such Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such Lender. The provisions of this Section 6.17 shall survive the Termination Date.

Reinstatement; Certain Payments. If any claim is ever made upon the Lender ------------------------------- for repayment or recovery of any amount or amounts received by the Lender in payment or received on account of any of the Obligations under this AgreementObligations, the Lender shall give prompt notice of such claim to BorrowerOPY Credit Corp., and if the Lender repays repay all or part of said such amount by reason of (i) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lender or any of its property property, or (ii) any good faith settlement or compromise of any such claim effected compliance by the Lender with any such claimantrequirement of a Governmental Authority having jurisdiction over the Lender, then and in such event, Borrower event OPY Credit Corp. agrees that (aA) any such judgment, decree, order, settlement decree or compromise order shall be binding upon Borrower it notwithstanding the cancellation of the Note or other any instrument evidencing the Obligations under this Agreement or the other Loan Facility Documents or the termination of this Agreement or the other Loan Facility Documents and (bB) it shall be and remain liable to the Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lender.

Reinstatement; Certain Payments. If any claim is ever made upon any Agent or any Lender ------------------------------- for repayment or recovery of any amount or amounts received by such Agent or such Lender in payment or on account of any of the Obligations under this AgreementObligations, such Agent or such Lender shall give prompt notice of such claim to each other Agent and Lender and the Borrower, and if such Agent or such Lender repays all or part of said such amount by reason of (i) any judgment, decree or order of any court or administrative body having jurisdiction over such Agent or such Lender or any of its property property, or (ii) any good faith settlement or compromise of any such claim effected by such Agent, such Lender with any such claimant, then and in such event, Borrower event each Loan Party agrees that (aA) any such judgment, decree, order, settlement or compromise shall be binding upon Borrower it notwithstanding the cancellation of the Note any Indebtedness hereunder 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 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 such Agent or such Lender. The provisions of this Section shall survive the repayment of the Obligations and release of the Liens granted under the Loan Documents.

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

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

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

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

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