Common use of Reinstatement of Company’s and Guarantor’s Obligations Clause in Contracts

Reinstatement of Company’s and Guarantor’s Obligations. If the Trustee is unable to apply any funds or Government Obligations in accordance with Section 10.1 by reason of any legal proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application or by reason of the Trustee’s inability to convert any such funds or Government Obligations into the Currency required to be paid with respect to the Securities of such Series, the Company’s and the Guarantor’s obligations under this Indenture and the Securities of any Series for which such application is prohibited shall be revived and reinstated as if no deposit had occurred pursuant to Section 10.1 until such time as the Trustee is permitted to apply all such funds or Government Obligations in accordance with Section 10.1 or is able to convert all such funds or Government Obligations; provided, however, that if the Company or the Guarantor has made any payment of interest on or principal of any of such Securities because of the reinstatement of either of its obligations, the Company or the Guarantor, as the case may be, shall be subrogated to the rights of the Securityholders of such Securities to receive such payment from the funds or Government Obligations held by the Trustee.

Appears in 7 contracts

Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Subordinated Indenture (Alterra Finance LLC)

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Reinstatement of Company’s and Guarantor’s Obligations. If the Trustee is unable to apply any funds or Government Obligations in accordance with Section 10.1 11.1 hereof by reason of any legal proceeding or by reason of any order or judgment of any court or governmental authority enjoining, restraining or otherwise prohibiting such application or by reason of the Trustee’s inability to convert any such funds or Government Obligations into the Currency required to be paid with respect to the Securities of such any Series, the Company’s and the Guarantor’s Guarantors’ obligations under this Indenture and Indenture, the Securities of any Series and the Guarantees for which such application is prohibited shall be revived and reinstated as if no deposit had occurred pursuant to Section 10.1 11.1 hereof until such time as the Trustee is permitted to apply all such funds or Government Obligations in accordance with Section 10.1 11.1 hereof or is able to convert all such funds or Government ObligationsObligations into such Currency; provided, however, that if the Company or the Guarantor has made any payment of principal of or interest on or principal of any of such Securities because of the reinstatement of either of its obligations, the Company or the Guarantor, as the case may be, shall be subrogated to the rights of the Securityholders Holders of such Securities to receive such payment from the funds or Government Obligations held by the Trustee.

Appears in 2 contracts

Samples: Indenture (Fidelity National Financial, Inc.), Indenture (F&G Annuities & Life, Inc.)

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