Common use of Reinstatement; Certain Payments Clause in Contracts

Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or Administrative Agent for repayment or recovery of any amount or amounts received by the Lenders or Administrative Agent in payment or received on account of any of the Obligations, the Lenders or Administrative Agent shall give prompt notice of such claim to the Borrower, and if the Lenders or Administrative Agent 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 Lenders or Administrative Agent or any of their respective property, or (ii) compliance by the Lenders or Administrative Agent with any requirement of a Governmental Authority having jurisdiction over the Lenders or Administrative Agent, then and in such event the Borrower agrees that (A) 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 (B) it shall be and remain liable to the Lenders or Administrative Agent hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders or Administrative Agent.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Oppenheimer Holdings Inc)

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Reinstatement; Certain Payments. If any claim is ever made upon the Lenders Secured Creditors or Administrative Agent the Agents for repayment or recovery of any amount or amounts received by the Lenders Secured Creditors or Administrative Agent the Agents in payment or received on account of any of the Obligations, the Lenders Secured Creditors or Administrative Agent the Agents shall give prompt notice of such claim to the BorrowerBorrowers, and if the Lenders Secured Creditors or Administrative Agent the Agents repay all or part of such amount by reason of (ia) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders Secured Creditors or Administrative Agent the Agents or any of their respective property, or (iib) compliance by the Lenders Secured Creditors or Administrative Agent the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders Secured Creditors or Administrative Agentthe Agents, then and in such event the Borrower agrees Borrowers agree that (Ai) 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 (Bii) it shall be and remain liable to the Lenders Secured Creditors or Administrative Agent 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 Lenders Secured Creditors or Administrative Agentthe Agents.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Silicon Graphics Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or Administrative Agent the Agents for repayment or recovery of any amount or amounts received by the Lenders or Administrative Agent the Agents in payment or received on account of any of the Obligations, the Lenders or Administrative Agent the Agents shall give prompt notice of such claim to the Borrower, and if the Lenders or Administrative Agent 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 Lenders or Administrative Agent the Agents or any of their respective property, or (ii) compliance by the Lenders or Administrative Agent the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or Administrative Agentthe Agents, then and in such event the Borrower agrees that (A) 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 (B) it shall be and remain liable to the Lenders or Administrative Agent 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 Lenders or Administrative Agentthe Agents.

Appears in 1 contract

Samples: Counterpart Agreement (Oppenheimer Holdings Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or Administrative Agent the Agents for repayment or recovery of any amount or amounts received by the Lenders or Administrative Agent the Agents in payment or received on account of any of the Obligations, the Lenders or Administrative Agent the Agents shall give prompt notice of such claim to the Administrative Borrower, and if the Lenders or Administrative Agent the Agents repay all or part of such amount by reason of (ia) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders or Administrative Agent the Agents or any of their respective property, or (iib) compliance by the Lenders or Administrative Agent the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or Administrative Agentthe Agents, then and in such event the Borrower agrees Credit Parties agree that (Ai) 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 Documents, and (Bii) it shall be and remain liable to the Lenders or Administrative Agent 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 Lenders or Administrative Agent.the Agents. 115

Appears in 1 contract

Samples: Revolving Credit Agreement (James River Coal CO)

Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or Administrative Agent the Agents for repayment or recovery of any amount or amounts received by the Lenders or Administrative Agent the Agents in payment or received on account of any of the Obligations, the Lenders or Administrative Agent the Agents shall give prompt notice of such claim to the Borrower, and if the Lenders or Administrative Agent the Agents repay all or part of such amount by reason of (ia) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders or Administrative Agent the Agents or any of their respective property, or (iib) compliance by the Lenders or Administrative Agent the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or Administrative Agentthe Agents, then and in such event the Borrower agrees Credit Parties agree that (Ai) 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 Documents, and (Bii) it shall be and remain liable to the Lenders or Administrative Agent 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 Lenders or Administrative Agentthe Agents.

Appears in 1 contract

Samples: Credit Agreement (James River Coal CO)

Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or Administrative Agent the Agents for repayment or recovery of any amount or amounts received by the Lenders or Administrative Agent the Agents in payment or received on account of any of the Obligations, the Lenders or Administrative Agent the Agents shall give prompt notice of such claim to the Administrative Borrower, and if the Lenders or Administrative Agent the Agents repay all or part of such amount by reason of (ia) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over the Lenders or Administrative Agent the Agents or any of their respective property, or (iib) compliance by the Lenders or Administrative Agent the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or Administrative Agentthe Agents, then and in such event the Borrower agrees Credit Parties agree that (Ai) 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 Documents, and (Bii) it shall be and remain liable to the Lenders or Administrative Agent 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 Lenders or Administrative Agentthe Agents.

Appears in 1 contract

Samples: Term Credit Agreement (James River Coal CO)

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Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or Administrative Agent the Agents for repayment or recovery of any amount or amounts received by the Lenders or Administrative Agent the Agents in payment or received on account of any of the Obligations, the Lenders or Administrative Agent the Agents shall give prompt notice of such claim to the BorrowerObligors, and if the Lenders or Administrative Agent 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 Lenders or Administrative Agent the Agents or any of their respective property, or (ii) compliance any good faith settlement or compromise of any such claim effected by the Lenders or Administrative Agent the Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or Administrative Agentsuch claimant, then and in such event the Borrower each Obligor agrees that (A) any such judgment, decree decree, order, settlement or order compromise 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 (B) it shall be and remain liable to the Lenders or Administrative Agent 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 Lenders or Administrative Agentthe Agents.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Primus Telecommunications Group Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Lenders Lenders, Issuer, Issuer or Administrative Agent Agents for repayment or recovery of any amount or amounts received by the Lenders Lenders, Issuer or Administrative Agent Agents in payment or received on account of any of the Obligations, the Lenders Lenders, Issuer or Administrative Agent Agents shall give prompt notice of such claim to the Borrower, and if the Lenders Lenders, Issuer or Administrative Agent 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 Lenders or Administrative Agent Lenders, Issuer, Agents or any of their respective property, or (ii) compliance any good faith settlement or compromise of any such claim effected by the Lenders Lenders, Issuer or Administrative Agent Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or Administrative Agentsuch claimant, then and in such event the Borrower agrees that (A) any such judgment, decree decree, order, settlement or order compromise 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 Documents, and (B) it shall be and remain liable to the Lenders Lenders, Issuer or Administrative Agent Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders Lenders, Issuer or Administrative AgentAgents.

Appears in 1 contract

Samples: Credit Agreement (Avado Brands Inc)

Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or Administrative Agent Agents for repayment or recovery of any amount or amounts received by the Lenders or Administrative Agent Agents in payment or received on account of any of the Obligations, the Lenders or Administrative Agent Agents shall give prompt notice of such claim to the Borrower, and if the Lenders or Administrative Agent 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 Lenders or Administrative Agent Agents or any of their respective property, or (ii) compliance any good faith settlement or compromise of any such claim effected by the Lenders or Administrative Agent Agents with any requirement of a Governmental Authority having jurisdiction over the Lenders or Administrative Agentsuch claimant, then and in such event the Borrower agrees that (A) any such judgment, decree decree, order, settlement or order compromise 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 Documents, and (B) it shall be and remain liable to the Lenders or Administrative Agent Agents hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Lenders or Administrative AgentAgents.

Appears in 1 contract

Samples: Pledge and Security Agreement (Overhill Farms Inc)

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