Common use of Reinstatement of Guaranty Clause in Contracts

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder for principal, Make-Whole Amount, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company of a case or proceeding under a bankruptcy or insolvency law, the Guarantor agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders had accelerated the same in accordance with the terms of the Note Agreement, and the Guarantor shall forthwith pay such accelerated principal amount, accrued interest and Make-Whole Amount, if any, thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder holder of the Notes for principal, MakeYield-Whole Maintenance Amount, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder holder of a Note to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company of a case or proceeding under a bankruptcy or insolvency law, the each Guarantor agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders holders of the Notes had accelerated the same in accordance with the terms of the Note Agreement, and the each Guarantor shall forthwith pay such accelerated principal amount, accrued interest and MakeYield-Whole Maintenance Amount, if any, thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement The Guarantee by the Parent contained in this paragraph 11 shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder holder of the Notes for DAL02:222894.12 002328 38 principal, MakeYield-Whole Maintenance Amount, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder holder of a Note to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company of a case or proceeding under a bankruptcy or insolvency law, the Guarantor Parent agrees that, for purposes of this Guaranty Agreement paragraph 11 and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders holders of the Notes had accelerated the same in accordance with the terms of the Note this Agreement, and the Guarantor Parent shall forthwith pay such accelerated principal amount, accrued interest and MakeYield-Whole Maintenance Amount, if any, thereon and any other amounts guaranteed hereunder. Subordination of Guaranteed Obligations.

Reinstatement of Guaranty. This The obligations of the Guarantor under this Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, automatically reinstated if and to the extent at that for any time payment, in whole reason any payment by or in part, on behalf of any Person in respect of the sums due to any Noteholder for principal, Make-Whole Amount, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must be otherwise be restored or returned by such Noteholder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization any holder of the CompanyGuaranteed Obligations, or upon or whether as a result of the appointment of a custodian, receiver, trustee any proceedings in bankruptcy or other officer with similar powers with respect to the Company or any substantial part of its property, reorganization or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder holder to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company Company, the Guarantor or any other guarantor of a case or proceeding under a bankruptcy or insolvency law, the Guarantor agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders holders had accelerated the same in accordance with the terms of the Note Agreement, and the Guarantor shall forthwith pay such accelerated principal amount, accrued interest and Make-Whole Amount, if any, thereon and any other amounts guaranteed Guaranteed Obligations hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time time, prior to the Guaranty Termination Date, payment, in whole or in part, of any of the sums due to any Noteholder holder of the Notes for principalprincipal of, MakeYield-Whole AmountMaintenance Amount or Breakage Cost Obligations, if any, or interest on the Notes or any of the other Special Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company or any substantial part of its property, or otherwise, all as though such payments had not been made; provided, however, if subsequent to such rescission, restoration or return but prior to the date a Special Guarantor is obligated to make a payment hereunder as a result of any such rescission, restoration or return this Guaranty Agreement terminates as a result of the occurrence of the Special PEPL Event Date, then from and after that date, this Guaranty Agreement shall no longer be deemed to continue be effective or reinstated, as the case may be, and for the avoidance of doubt, any such post-rescission, restoration or return payment obligation of a Special Guarantor shall be cancelled. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder holder of a Note to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company of a case or proceeding under a bankruptcy or insolvency law, each of the Guarantor Special Guarantors agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders holders of the Notes had accelerated the same in accordance with the terms of the Note AgreementAgreements, and the such Special Guarantor shall forthwith pay such accelerated principal amount, accrued interest and MakeYield-Whole AmountMaintenance Amount or Breakage Cost Obligations, if any, or any other amounts due thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder holder of the Notes for principal, MakeYield-Whole Maintenance Amount, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder holder of a Note to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company of a case or proceeding under a bankruptcy or insolvency law, the Guarantor agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders holders of the Notes had accelerated the same in accordance with the terms of the Note Agreement, and the Guarantor shall forthwith pay such accelerated principal amount, accrued interest and MakeYield-Whole Maintenance Amount, if any, thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder for principal, Make-Whole Amount, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the CompanyIssuer, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company Issuer or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company Issuer of a case or proceeding under a bankruptcy or insolvency law, the Guarantor agrees that, for purposes of this Guaranty Agreement and its the Parent Company's obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders had accelerated the same in accordance with the terms of the Amended and Restated Note AgreementPurchase Agreements, and the Guarantor Parent Company shall forthwith pay such accelerated principal amount, accrued interest and Make-Whole Amount, if any, thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder holder of the Notes for principal, Make-Whole Amountpremium, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the CompanyKalium, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company Kalium or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder holder of a Note to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company Kalium of a case or proceeding under a bankruptcy or insolvency law, the Guarantor agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders holders of the Notes had accelerated the same in accordance with the terms of the Note Agreement, and the Guarantor shall forthwith pay such accelerated principal amount, accrued interest and Make-Whole Amountpremium, if any, thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder for principal, Make-Whole Amount, if any, Beneficiary under the Lease or interest on the Notes or any other sum constituting any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder any Beneficiary upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the CompanyLessee, the Parent, the Lessor, the owner participant in the Lessor, or the Pass-Through Trustee, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company Lessee, the Parent, the Lessor, such owner participant, the Pass-Through Trustee or any substantial part of its propertyany property of any of the foregoing, or otherwise, all as though such payments had not been made. If an event permitting the acceleration Lessor or any other Beneficiary to demand payment of any of the maturity of the principal amount of the Notes Guaranteed Obligations shall at any time have occurred and be continuing and such acceleration demand shall at such time be prevented or the right of any Noteholder Beneficiary to receive any payment under any Note Transaction Document shall at such time be delayed or otherwise affected by reason of the pendency against the Company Lessee of a case or proceeding under a bankruptcy or insolvency law, the Guarantor agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount Guaranteed Obligation shall be deemed to have been accelerated demanded with the same effect as if the Noteholders Lessor or such other Beneficiary had accelerated demanded the same in accordance with the terms of the Note AgreementTransaction Documents, and the Guarantor shall forthwith pay such accelerated principal amount, accrued interest and Make-Whole Amount, if any, thereon demanded amount and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder holder for principal, Make-Whole Amount, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the CompanyIssuer, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company Issuer or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder holder to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company Issuer of a case or proceeding under a bankruptcy or insolvency law, the Guarantor agrees that, for purposes of this Guaranty Agreement and its the Company's obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders holders had accelerated the same in accordance with the terms of the Note Purchase Agreement, and the Guarantor Company shall forthwith pay such accelerated principal amount, accrued interest and Make-Whole Amount, if any, thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder Prudential for principal, Make-Whole Amount, if any, principal or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder Prudential upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder Prudential to receive any payment under any Note Notes shall at such time be delayed or otherwise affected by reason of the pendency against the Company of a case or proceeding under a bankruptcy or insolvency law, the Guarantor agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders Prudential had accelerated the same in accordance with the terms of the Note Restructuring Agreement, and the Guarantor shall forthwith pay such accelerated principal amount, amount and accrued interest and Make-Whole Amount, if any, thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder holder of the Notes for principalprincipal of, MakeYield-Whole AmountMaintenance Amount or Breakage Cost Obligations, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder holder of a Note to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company of a case or proceeding under a bankruptcy or insolvency law, each of the Guarantor Guarantors agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders holders of the Notes had accelerated the same in accordance with the terms of the Note Shelf Agreement, and the such Guarantor shall forthwith pay its Pro Rata Portion of such accelerated principal amount, accrued interest and MakeYield-Whole AmountMaintenance Amount or Breakage Cost Obligations, if any, or any other amounts due thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder for principal, Make-Whole Amount, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company or any substantial part of its property, or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company of a case or proceeding under a bankruptcy or insolvency law, the each Guarantor agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders had accelerated the same in accordance with the terms of the Note Agreement, and the such Guarantor shall forthwith pay such accelerated principal amount, accrued interest and Make-Whole Amount, if any, thereon and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, if and to the extent at any time payment, in whole or in part, of any of the sums due to any Noteholder for principal, Make-Whole Amount, if any, Beneficiary under the Lease or interest on the Notes or any other sum constituting any of the other Guaranteed Obligations is rescinded or must otherwise be restored or returned by such Noteholder any Beneficiary upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the CompanyLessee, the Lessor, the owner participant in the Lessor, or the Pass-Through Trustee, or upon or as a result of the appointment of a custodian, receiver, trustee or other officer with similar powers with respect to the Company Lessee, the Lessor, such owner participant, the Pass-Through Trustee or any substantial part of its propertyany property of any of the foregoing, or otherwise, all as though such payments had not been made. If an event permitting the acceleration Lessor or any other Beneficiary to demand payment of any of the maturity of the principal amount of the Notes Guaranteed Obligations shall at any time have occurred and be continuing and such acceleration demand shall at such time be prevented or the right of any Noteholder Beneficiary to receive any payment under any Note Transaction Document shall at such time be delayed or otherwise affected by reason of the pendency against the Company Lessee of a case or proceeding under a bankruptcy or insolvency law, the Guarantor agrees that, for purposes of this Guaranty Agreement and its obligations hereunder, the maturity of such principal amount Guaranteed Obligation shall be deemed to have been accelerated demanded with the same effect as if the Noteholders Lessor or such other Beneficiary had accelerated demanded the same in accordance with the terms of the Note AgreementTransaction Documents, and the Guarantor shall forthwith pay such accelerated principal amount, accrued interest and Make-Whole Amount, if any, thereon demanded amount and any other amounts guaranteed hereunder.

Reinstatement of Guaranty. This The obligations of each Subsidiary Guarantor under this Subsidiary Guaranty Agreement shall continue to be effective, or be reinstated, as the case may be, automatically reinstated if and to the extent at that for any time payment, in whole reason any payment by or in part, on behalf of any Person in respect of the sums due to any Noteholder for principal, Make-Whole Amount, if any, or interest on the Notes or any of the other Guaranteed Obligations is rescinded or must be otherwise be restored or returned by such Noteholder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization any holder of the CompanyGuaranteed Obligations, or upon or whether as a result of the appointment of a custodian, receiver, trustee any proceedings in bankruptcy or other officer with similar powers with respect to the Company or any substantial part of its property, reorganization or otherwise, all as though such payments had not been made. If an event permitting the acceleration of the maturity of the principal amount of the Notes shall at any time have occurred and be continuing and such acceleration shall at such time be prevented or the right of any Noteholder holder to receive any payment under any Note shall at such time be delayed or otherwise affected by reason of the pendency against the Company Company, any Subsidiary Guarantor or any other guarantor of a case or proceeding under a bankruptcy or insolvency law, the each Subsidiary Guarantor agrees that, for purposes of this Subsidiary Guaranty Agreement and its obligations hereunder, the maturity of such principal amount shall be deemed to have been accelerated with the same effect as if the Noteholders holders had accelerated the same in accordance with the terms of the Note Purchase Agreement, and the each Subsidiary Guarantor shall forthwith pay such accelerated principal amount, accrued interest and Make-Whole Amount, if any, thereon and any other amounts guaranteed Guaranteed Obligations hereunder.