Common use of Reinstatement; Certain Payments Clause in Contracts

Reinstatement; Certain Payments. If 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 Agreement, such Lender shall give prompt notice of such claim to the Administrative Agent and the Company, and if any 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 such Lender or any of its property, or (ii) any settlement or compromise of any such claim effected by such Lender with any such claimant, then and in such event the Company agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Company notwithstanding the cancellation of any Note or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the Company 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.

Appears in 3 contracts

Samples: Credit Agreement (Globecomm Systems Inc), Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/)

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Reinstatement; Certain Payments. If claim is ever made upon any Lender the Bank for repayment or recovery of any amount or amounts received by such Lender the Bank in payment or on account of any of the Obligations under this Agreement, such Lender the Bank shall give prompt notice of such claim to the Administrative Agent and the Company, and if any 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 such Lender the Bank or any of its property, or (ii) any settlement or compromise of any such claim effected by such Lender the Bank with any such claimant, then and in such event the Company agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Company notwithstanding the cancellation of any the Note or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the Company shall be and remain liable to such 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 such Lenderthe Bank.

Appears in 2 contracts

Samples: Term Loan Agreement (Globecomm Systems Inc), Term Loan Agreement (Globecomm Systems Inc)

Reinstatement; Certain Payments. If claim is ever made upon any Lender the Bank for repayment or recovery of any amount or amounts received by such Lender the Bank in payment or on account of any of the Obligations under this Agreement, such Lender the Bank shall give prompt notice of such claim to the Administrative Agent and the Company, and if any 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 such Lender the Bank or any of its property, or (ii) any settlement or compromise of any such claim effected by such Lender the Bank with any such claimant, then and in such event the Company agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Company notwithstanding the cancellation of any the Revolving Credit Note or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the Company shall be and remain liable to such 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 such Lenderthe Bank.

Appears in 1 contract

Samples: Credit Agreement (Emerging Vision Inc)

Reinstatement; Certain Payments. If a claim is ever made upon any Lender the Bank for repayment or recovery of any amount or amounts received by such Lender the Bank in payment or on account of any of the Obligations under this Agreement, such Lender the Bank shall give prompt notice of such claim to the Administrative Agent and the Company, and if any 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 such Lender the Bank or any of its property, or (ii) any settlement or compromise of any such claim effected by such Lender the Bank with any such claimant, then and in such event the Company agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the such Company notwithstanding the cancellation of any Note the Notes or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the Company shall be and remain liable to such 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 such Lenderthe Bank.

Appears in 1 contract

Samples: Credit Agreement (Superior Surgical Manufacturing Co Inc)

Reinstatement; Certain Payments. If claim is ever made upon any the Lender for repayment or recovery of any amount or amounts received by such the Lender in payment or on account of any of the Obligations under this Agreement, such the Lender shall give prompt notice of such claim to the Administrative Agent and the each Company, and if any 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 such the Lender or any of its property, or (ii) any settlement or compromise of any such claim effected by such the Lender with any such claimant, then and in such event the each Company agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the such Company notwithstanding the cancellation of any the Note or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the each Company shall be and remain jointly and severally liable to such the Lender hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by such the Lender.

Appears in 1 contract

Samples: Credit Agreement (Aceto Corp)

Reinstatement; Certain Payments. If claim is ever made upon any Lender the Bank for repayment or recovery of any amount or amounts received by such Lender the Bank in payment or on account of any of the Obligations under this Agreement, such Lender the Bank shall give prompt notice of such claim to the Administrative Agent and the Company, and if any 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 such Lender the Bank or any of its property, or (ii) any settlement or compromise of any such claim effected by such Lender the Bank with any such claimant, then and in such event the Company agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Company notwithstanding the cancellation of any Note the Notes or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the Company shall be and remain liable to such 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 such Lenderthe Bank.

Appears in 1 contract

Samples: Pledge Agreement (Family Golf Centers Inc)

Reinstatement; Certain Payments. If claim is ever made upon any Lender for repayment or recovery of any amount or amounts received by such the Lender in payment or on account of any of the Obligations under this Agreement, such Lender shall give prompt notice of such claim to each Company and to the Administrative Agent and the Company, and if any 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 such the Lender or any of its property, or (ii) any settlement or compromise of any such claim effected by such the Lender with any such claimant, then and in such event the each Company agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the such Company notwithstanding the cancellation of any the Note or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the each Company shall be and remain jointly and severally liable to 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 such Lender.

Appears in 1 contract

Samples: Credit Agreement (Aceto Corp)

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Reinstatement; Certain Payments. If claim is ever made upon any Lender the Bank for repayment or recovery of any amount or amounts received by such Lender the Bank in payment or on account of any of the Obligations under this Agreement, such Lender the Bank shall give prompt notice of such claim to the Administrative Agent and the CompanyBorrowers, and if any 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 such Lender the Bank or any of its property, or (iib) any settlement or compromise of any such claim effected by such Lender the Bank with any such claimant, then and in such event the Company agrees Borrowers agree that any such judgment, decree, order, settlement or compromise shall be binding upon the Company such Borrowers notwithstanding the cancellation of any the Term Note or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the Company Borrowers shall be and remain liable to such 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 such Lenderthe Bank.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Healthier Choices Management Corp.)

Reinstatement; Certain Payments. If claim is ever made upon any Lender the Bank for repayment or recovery of any amount or amounts received by such Lender the Bank in payment or on account of any of the Obligations under this Agreement, such Lender the Bank shall give prompt notice of such claim to the Administrative Agent and the Company, and if any 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 such Lender the Bank or any of its property, or (ii) any settlement or compromise of any such claim effected by such Lender the Bank with any such claimant, then and in such event the Company agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the such Company notwithstanding the cancellation of any Note the Notes or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the Company shall be and remain liable to such 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 such Lenderthe Bank.

Appears in 1 contract

Samples: Credit Agreement (CVD Equipment Corp)

Reinstatement; Certain Payments. If claim is ever made upon any Lender the Bank for repayment or recovery of any amount or amounts received by such Lender the Bank in payment or on account of any of the Obligations under this Agreement, such Lender the Bank shall give prompt notice of such claim to the Administrative Agent and the Company, and if any 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 such Lender the Bank or any of its property, or (ii) any settlement or compromise of any such claim effected by such Lender the Bank with any such claimant, then and in such event the Company agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Company notwithstanding the cancellation of any Note or other instrument evidencing the Obligations under this Agreement or the termination of this Agreement, and the Company shall be and remain liable to such 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 such Lenderthe Bank.

Appears in 1 contract

Samples: Credit Agreement (Globecomm Systems Inc)

Reinstatement; Certain Payments. If claim is ever made upon any Lender the Bank for repayment or recovery of any amount or amounts received by such Lender the Bank in payment or on account of any of the Obligations under this Agreement, such Lender the Bank shall give prompt notice of such claim to the Administrative Agent and the CompanyBorrowers, and if any 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 such Lender the Bank or any of its property, or (iib) any settlement or compromise of any such claim effected by such Lender the Bank with any such claimant, then and in such event the Company agrees Borrowers agree that any such judgment, decree, order, settlement or compromise shall be binding upon the Company such Borrowers notwithstanding the cancellation of any Note the Notes or other instrument instrument(s) evidencing the Obligations under this Agreement or the termination of this Agreement, and the Company Borrowers shall be and remain liable to such 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 such Lenderthe Bank.

Appears in 1 contract

Samples: Credit Agreement (Greenlane Holdings, Inc.)

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