Common use of Reinstatement; Certain Payments Clause in Contracts

Reinstatement; Certain Payments. If claim is ever made upon the Agent, the Lenders or the L/C Issuer for repayment or recovery of any amount or amounts received by the Agent, the Lenders or the L/C Issuer in payment or on account of any of the Obligations under this Agreement, the Agent, the Lenders or the L/C Issuer shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Companies and the Borrowers, and if the Agent, the Lenders or the L/C Issuer 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 Agent, the Lenders or the L/C Issuer or any of their property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent with any such claimant, then and in such event the Companies and the Borrowers agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon the Companies and the Borrowers notwithstanding the cancellation of any Revolving Credit Notes 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 the Agent, the Lenders or the L/C Issuer hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent, the Lenders or the L/C Issuer.

Reinstatement; Certain Payments. If claim is ever made upon the Agent, the Lenders or the L/C Issuer for repayment or recovery of any amount or amounts received by the Agent, the Lenders or the L/C Issuer in payment or on account of any of the Obligations under this Agreement, the Agent, the Lenders or the L/C Issuer shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Companies and the BorrowersAdministrative Borrower, and if the Agent, the Lenders or the L/C Issuer 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 Agent, the Lenders or the L/C Issuer or any of their property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent with any such claimant, then and in such event the Companies Company and the Borrowers each Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon the Companies Company and the Borrowers notwithstanding the cancellation of any Revolving Credit Notes 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 the Agent, the Lenders or the L/C Issuer hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent, the Lenders or the L/C Issuer.

Reinstatement; Certain Payments. If claim is ever made upon the Agent, the Lenders or the L/C Issuer for repayment or recovery of any amount or amounts received by the Agent, the Lenders or the L/C Issuer in payment or on account of any of the Obligations under this Agreement, the Agent, the Lenders or the L/C Issuer shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Companies and the BorrowersBorrower, and if the Agent, the Lenders or the L/C Issuer 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 Agent, the Lenders or the L/C Issuer or any of their property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent with any such claimant, then and in such event the Companies and the Borrowers Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon the Companies and the Borrowers Borrower notwithstanding the cancellation of any Revolving Credit Notes 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 the Agent, the Lenders or the L/C Issuer hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent, the Lenders or the L/C Issuer.

Reinstatement; Certain Payments. If claim is ever made ------------------------------- upon the Agent, Agents or the Lenders or the L/C Issuer for repayment or recovery of any amount or amounts received by the Agent, Agents or the Lenders or the L/C Issuer in payment or on account of any of the Obligations under this Agreement, the Agent, Agents or the Lenders or the L/C Issuer shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Companies Company and the Borrowers, and if the Agent, Agents or the Lenders or the L/C Issuer 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 Agent, Agents or the Lenders or the L/C Issuer or any of their property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent Agents or the Lenders with any such claimant, then and in such event the Companies Company and the Borrowers each Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon the Companies Company and the Borrowers notwithstanding the cancellation of any Revolving Credit Notes 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 the Agent, Agents and the Lenders or the L/C Issuer hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent, the Lenders Agents or the L/C IssuerLenders.

Reinstatement; Certain Payments. If claim is ever made upon the Agent, the Lenders or the L/C Issuer for repayment or recovery of any amount or amounts received by the Agent, the Lenders or the L/C Issuer in payment or on account of any of the Obligations under this Agreement, the Agent, the Lenders or the L/C Issuer shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Companies and the Borrowers, and if the Agent, the Lenders or the L/C Issuer 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 Agent, the Lenders or the L/C Issuer or any of their property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent with any such claimant, then and in such event the Companies and the Borrowers agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon the Companies and the Borrowers notwithstanding the cancellation of any Revolving Credit Notes 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 the Agent, the 108 Lenders or the L/C Issuer hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent, the Lenders or the L/C Issuer.

Reinstatement; Certain Payments. If claim is ever made upon the Agentany Lender, the Lenders Issuing Lender or the L/C Issuer Administrative Agent for repayment or recovery of any amount or amounts received by the Agentsuch Lender, the Lenders Issuing Lender or the L/C Issuer Administrative Agent in payment or on account of any of the Obligations under this Agreement, such Lender, the Issuing Lender or the Administrative Agent, the Lenders or the L/C Issuer as applicable, shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Companies and the Co-Borrowers, and if the Agentsuch Lender, the Lenders Issuing Lender or the L/C Issuer Administrative Agent 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 Agentsuch Lender, the Lenders Issuing Lender or the L/C Issuer Administrative Agent or any of their its property, or (ii) any good faith settlement or compromise of any such claim effected by such Lender, the Issuing Lender or the Administrative Agent with any such claimant, then and in such event the Companies and the Borrowers each Co-Borrower agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon the Companies and the Borrowers such Co-Borrower notwithstanding the cancellation of any Revolving Credit Notes 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 DocumentsAgreement, and (B) it the Co-Borrower shall be and remain liable to the Agentsuch Lender, the Lenders Issuing Lender or the L/C Issuer Administrative Agent 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 Issuing Lender or the Administrative Agent, as the Lenders or the L/C Issuercase may be.

Reinstatement; Certain Payments. If claim is ever ------------------------------- made upon the Agent, the Lenders or the L/C Issuer for repayment or recovery of any amount or amounts received by the Agent, the Lenders or the L/C Issuer in payment or on account of any of the Obligations under this Agreement, the Agent, the Lenders or the L/C Issuer shall give prompt notice of such claim to each other Lender and the L/C Issuer, the Companies and the Borrowersany Borrower, or any Guarantor and if the Agent, the Lenders or the L/C Issuer 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 Agent, the Lenders or the L/C Issuer or any of their property, or (ii) any good faith settlement or compromise of any such claim effected by the Agent with any such claimant, provided that, in the absence of -------- ---- an Event of Default, reasonable efforts have been made by the Agent to give notice of such settlement or compromise to the Administrative Borrower, then and in such event the Companies each Borrower and the Borrowers Guarantor agrees that (A) any such judgment, decree, order, settlement or compromise shall be binding upon the Companies and the Borrowers such Borrower or such Guarantor notwithstanding the cancellation of any Revolving Credit Notes 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 the Agent, the Lenders or the L/C Issuer hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by the Agent, the Lenders or the L/C Issuer.