Common use of Reinstatement; Certain Payments Clause in Contracts

Reinstatement; Certain Payments. If any claim is ever made upon the Lenders or the Agents (or any of them) for repayment or recovery of any amount or amounts received by the Lenders or the Agents (or any of them) in payment or received on account of any of the Obligations, the Lenders or the Agents shall give prompt notice of such claim to the Borrowers, and if such Lenders or such 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 such Lenders, such Agents or any of their respective property, or (ii) any good faith settlement or compromise of any such claim effected by such Lenders or such Agents with any such claimant, then and in such event the Borrowers agree, jointly and severally, that (A) any such judgment, decree, order, settlement or 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 any other Loan Document, and (B) the Borrowers shall be and remain jointly and severally liable to the Lenders or 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 the Agents (or any of them, as the case may be).

Appears in 1 contract

Samples: Credit Agreement (Avado Brands Inc)

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Reinstatement; Certain Payments. If any claim is ever made ------------------------------- upon the Lenders Agents or the Agents (or any of them) Lenders for repayment or recovery of any amount or amounts received by the Lenders Agents or the Agents (or any of them) Lenders in payment or received on account of any of the ObligationsObligations under this Agreement, the Lenders Agents or the Agents Lenders shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Company and the Borrowers, and if such the Agents or the Lenders or such Agents repay repays all or part of such said amount by reason of (i) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over such Lenders, such the Agents or the Lenders or any of their respective property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agents or the Lenders or such Agents with any such claimant, then and in such event the Borrowers agree, jointly Company and severally, each Borrower agrees that (A) any such judgment, decree, order, settlement or 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 any the other Loan DocumentDocuments, and (B) the Borrowers it shall be and remain jointly and severally liable to the Agents and the Lenders or 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 Agents or the Agents (or any of them, as the case may be)Lenders .

Appears in 1 contract

Samples: Financing Agreement (Norton McNaughton Inc)

Reinstatement; Certain Payments. If any claim is ever made ------------------------------- upon the Lenders Agents or the Agents (or any of them) Lenders for repayment or recovery of any amount or amounts received by the Lenders Agents or the Agents (or any of them) Lenders in payment or received on account of any of the ObligationsObligations under this Agreement, the Lenders Agents or the Agents Lenders shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Company and the Borrowers, and if such the Agents or the Lenders or such Agents repay repays all or part of such said amount by reason of (i) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over such Lenders, such the Agents or the Lenders or any of their respective property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agents or the Lenders or such Agents with any such claimant, then and in such event the Borrowers agree, jointly Company and severally, each Borrower agrees that (A) any such judgment, decree, order, settlement or 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 any the other Loan DocumentDocuments, and (B) the Borrowers it shall be and remain jointly and severally liable to the Agents and the Lenders or 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 Agents or the Agents (or any of them, as the case may be)Lenders.

Appears in 1 contract

Samples: Financing Agreement (McNaughton Apparel Group Inc)

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Reinstatement; Certain Payments. If any claim is ever made upon the Lenders Agents or the Agents (or any of them) Lenders for repayment or recovery of any amount or amounts received by the Lenders Agents or the Agents (or any of them) Lenders in payment or received on account of any of the ObligationsObligations under this Agreement, the Lenders Agents or the Agents Lenders shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Company and the Borrowers, and if such the Agents or the Lenders or such Agents repay repays all or part of such said amount by reason of (i) any judgment, decree or order of any court of competent jurisdiction or administrative body having jurisdiction over such Lenders, such the Agents or the Lenders or any of their respective property, or (ii) any good faith settlement or compromise of any such claim effected by such the Agents or the Lenders or such Agents with any such claimant, then and in such event the Borrowers agree, jointly Company and severally, each Borrower agrees that (A) any such judgment, decree, order, settlement or 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 any the other Loan DocumentDocuments, and (B) the Borrowers it shall be and remain jointly and severally liable to the Agents and the Lenders or 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 Agents or the Agents (or any of them, as the case may be)Lenders.

Appears in 1 contract

Samples: Financing Agreement (Norton McNaughton Inc)

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