Common use of Reinstatement; Certain Payments Clause in Contracts

Reinstatement; Certain Payments. If any claim is ever made upon the Secured Parties or the Agents for repayment or recovery of any amount or amounts received by the Secured Parties or the Agents in payment or received on account of any of the Obligations, the Secured Parties or the Agents shall give prompt notice of such claim to the Borrower, and if the Secured Parties or the Agents repay all or part of such amount by reason of (a) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Secured Parties or the Agents or any of their respective property, or (b) compliance by the Secured Parties or the Agents with any requirement of a Governmental Authority having jurisdiction over the Secured Parties or the Agents, then and in such event the Borrower agrees that (i) any such judgment, decree or order shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents and (ii) it shall be and remain liable to the Secured Parties or 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 Secured Parties or the Agents.

Reinstatement; Certain Payments. If any claim is ever made upon the Secured Parties Collateral Agent or the Agents any Lender for repayment or recovery of any amount or amounts received by the Secured Parties Collateral Agent or the Agents such Lender in payment or received on account of any of the Obligations, the Secured Parties Collateral Agent or the Agents such Lender shall give prompt notice of such claim to the Collateral Agent and each Lender and the Borrower, and if the Secured Parties Collateral Agent or the Agents repay such Lender repays all or part of such amount by reason of (ai) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Secured Parties Collateral Agent or the Agents such Lender or any of their respective its property, or (bii) compliance any good faith settlement or compromise of any such claim effected by the Secured Parties Collateral Agent or the Agents such Lender with any requirement of a Governmental Authority having jurisdiction over the Secured Parties or the Agentssuch claimant, then and in such event the Borrower each Loan Party agrees that (iA) any such judgment, decree decree, order, settlement or order compromise shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents Documents, and (iiB) it shall be and remain liable to the Secured Parties Collateral Agent or the Agents 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 Secured Parties Collateral Agent or the Agentssuch Lender.

Reinstatement; Certain Payments. If any claim is ever made upon the Secured Parties Agent or the Agents Lenders for repayment or recovery of any amount or amounts received by the Secured Parties Agent or the Agents Lenders in payment or received on account of any of the ObligationsObligations under this Agreement, the Secured Parties Agent or the Agents Lenders shall give prompt notice of such claim to each other Lender and the Borrower, and if the Secured Parties Agent or the Agents repay Lenders repays all or part of such said amount by reason of (ai) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Secured Parties Agent or the Agents Lenders or any of their respective property, or (bii) compliance any good faith settlement or compromise of any such claim effected by the Secured Parties Agent or the Agents Lenders with any requirement of a Governmental Authority having jurisdiction over the Secured Parties or the Agentssuch claimant, then and in such event the Borrower agrees that (iA) any such judgment, decree decree, order, settlement or order compromise shall be binding upon it the Borrower notwithstanding the cancellation of 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 (iiB) it shall be and remain liable to the Secured Parties or Agent and the Agents Lenders hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Secured Parties Agent or the AgentsLenders.

Reinstatement; Certain Payments. If any claim is ever made upon the Secured Parties any Agent or the Agents any Lender for repayment or recovery of any amount or amounts received by the Secured Parties such Agent or the Agents such Lender in payment or received on account of any of the Obligations, the Secured Parties such Agent or the Agents such Lender shall give prompt notice of such claim to each other Agent and Lender and the Administrative Borrower, and if the Secured Parties such Agent or the Agents repay such Lender repays all or part of such amount by reason of (ai) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Secured Parties such Agent or the Agents such Lender or any of their respective its property, or (bii) compliance any good faith settlement or compromise of any such claim effected by the Secured Parties such Agent or the Agents such Lender with any requirement of a Governmental Authority having jurisdiction over the Secured Parties or the Agentssuch claimant, then and in such event the Borrower each Loan Party agrees that (iA) any such judgment, decree decree, order, settlement or order compromise shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations 144 #97100791v3 Indebtedness hereunder or under the other Loan Documents or the termination of this Agreement or the other Loan Documents Documents, and (iiB) it shall be and remain liable to the Secured Parties such Agent or the Agents 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 Secured Parties such Agent or the Agentssuch Lender.

Reinstatement; Certain Payments. If any claim is ever made upon the Secured Parties Lender or the Agents Collateral Agent for repayment or recovery of any amount or amounts received by the Secured Parties Lender or the Agents Collateral Agent in payment or received on account of any of the Obligations, the Secured Parties Lender or the Agents Collateral Agent shall give prompt notice of such claim to the Borrower, and if the Secured Parties Lender or the Agents Collateral Agent repay all or part of such amount by reason of (ai) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Secured Parties Lender or the Agents Collateral Agent or any of their respective property, or (bii) compliance by the Secured Parties Lender or the Agents Collateral Agent with any requirement of a Governmental Authority having jurisdiction over the Secured Parties Lender or the AgentsCollateral Agent, then and in such event the Borrower agrees that (iA) any such judgment, decree or order shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents and (iiB) it shall be and remain liable to the Secured Parties Lender or the Agents Collateral Agent hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Secured Parties Lender or the AgentsCollateral Agent.

Reinstatement; Certain Payments. If any claim is ever made ------------------------------- upon the Secured Parties Agents or the Agents Lenders for repayment or recovery of any amount or amounts received by the Secured Parties Agents or the Agents Lenders in payment or received on account of any of the ObligationsObligations under this Agreement, the Secured Parties Agents or the Agents Lenders shall give prompt notice of such claim to each other Lender and the BorrowerL/C Issuer, the Company and the Borrowers, and if the Secured Parties Agents or the Agents repay Lenders repays all or part of such said amount by reason of (ai) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Secured Parties Agents or the Agents Lenders or any of their respective property, or (bii) compliance any good faith settlement or compromise of any such claim effected by the Secured Parties Agents or the Agents Lenders with any requirement of a Governmental Authority having jurisdiction over the Secured Parties or the Agentssuch claimant, then and in such event the Company and each Borrower agrees that (iA) any such judgment, decree decree, order, settlement or order compromise shall be binding upon it the Company and the Borrowers notwithstanding the cancellation of 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 (iiB) it shall be and remain liable to the Secured Parties or Agents and the Agents Lenders hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Secured Parties Agents or the AgentsLenders .

Reinstatement; Certain Payments. If any claim is ever made upon the Secured Parties DIP Lenders or the Agents for repayment or recovery of any amount or amounts received by the Secured Parties DIP Lenders or the Agents in payment or received on account of any of the Obligations, the Secured Parties DIP Lenders or the Agents shall give prompt notice of such claim to the BorrowerBorrowers, and if the Secured Parties DIP Lenders or the Agents repay all or part of such amount by reason of (aA) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Secured Parties DIP Lenders or the Agents or any of their respective property, or (bB) compliance by the Secured Parties DIP Lenders or the Agents with any requirement of a Governmental Authority having jurisdiction over the Secured Parties DIP Lenders or the Agents, then and in such event the Borrower agrees Borrowers agree that (i) any such judgment, decree or order shall be binding upon it notwithstanding the cancellation of any instrument evidencing the Obligations or the other Loan Documents or the termination of this Agreement or the other Loan Documents and (ii) it shall be and remain liable to the Secured Parties DIP Lenders or 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 Secured Parties DIP Lenders or the Agents.