REINSTATEMENT OF SENIOR DEBT. To the extent that Senior Creditor receives payments on or proceeds of any collateral security for the Senior Debt, which payments or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law, or equitable cause, then, to the extent of such payments or proceeds invalidated, declared to be fraudulent or preferential, set aside or required to be repaid, the Senior Debt, or part thereof, intended to be satisfied shall be revived and continue in full force and effect as if such payments or proceeds had not been received by Senior Creditor.
Appears in 5 contracts
Samples: Subordination Agreement (Clever Leaves Holdings Inc.), Intercreditor and Subordination Agreement (Cyanotech Corp), Intercreditor Agreement (Dermavant Sciences LTD)
REINSTATEMENT OF SENIOR DEBT. To the extent that Senior Creditor receives payments on or in respect of the Senior Debt or proceeds of any collateral security for the Senior Debt, which payments or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law, or equitable cause, then, to the extent of such payments or proceeds invalidated, declared to be fraudulent or preferential, set aside or required to be repaid, the Senior Debt, or part thereof, intended to be satisfied shall be revived and continue in full force and effect as if such payments or proceeds had not been received by Senior Creditor.
Appears in 3 contracts
Samples: Subordination Agreement (Patient Safety Technologies, Inc), Subordination Agreement (Patient Safety Technologies, Inc), Subordination Agreement (U S Wireless Data Inc)
REINSTATEMENT OF SENIOR DEBT. To the extent that the Senior Creditor receives payments on on, or proceeds of any collateral security for the Senior Debt, Debt which payments or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law, or equitable cause, then, to the extent of such payments payment or proceeds invalidated, declared to be fraudulent or preferential, set aside or required to be repaid, the Senior Debt, or part thereof, intended to be satisfied shall be revived and continue in full force and effect as if such payments or proceeds had not been received by Senior Creditor.
Appears in 3 contracts
Samples: Subordinated Loan and Security Agreement (Furniture Com Inc), Subordinated Loan and Security Agreement (Vignette Corp), Loan and Security Agreement (Colo Com)
REINSTATEMENT OF SENIOR DEBT. To the extent that any Senior Creditor receives payments on or proceeds of any collateral security for the Senior Debt, which payments or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law, or equitable cause, then, to the extent of such payments or proceeds invalidated, declared to be fraudulent or preferential, set aside or required to be repaid, the Senior Debt, or part thereof, intended to be satisfied shall be revived and continue in full force and effect as if such payments or proceeds had not been received by such Senior Creditor.
Appears in 1 contract
Samples: Subordination Agreement (Clever Leaves Holdings Inc.)
REINSTATEMENT OF SENIOR DEBT. To the extent that the Senior Creditor receives payments on on, or proceeds of any collateral security for the Senior Debt, Debt which payments or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law, or equitable cause, then, to the extent of such payments payment or proceeds invalidated, declared to be fraudulent or preferential, set aside or required to be repaid, the Senior Debt, or part thereof, intended to be satisfied shall be revived and continue in full force and effect as if such payments or proceeds had not been received by the Senior Creditor.
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REINSTATEMENT OF SENIOR DEBT. To the extent that Senior Creditor receives payments on or in respect of the Senior Debt or proceeds of any collateral security for the Senior Debt, which payments or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law, or equitable cause, then, to the extent of such payments or proceeds invalidated, declared to be fraudulent or preferential, set aside or required to be repaid, the Senior Debt, or part thereof, intended to be satisfied shall be revived and continue in full force and effect as if such payments or proceeds had not been received by Senior Creditor. The provisions of this Section 12 shall survive termination of this Agreement.
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REINSTATEMENT OF SENIOR DEBT. To the extent that Senior Creditor Agent or Senior Creditors receives payments on or proceeds of any collateral security for the Senior Debt, which payments or proceeds are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law, or equitable cause, then, to the extent of such payments or proceeds invalidated, declared to be fraudulent or preferential, set aside or required to be repaid, the Senior Debt, or part thereof, intended to be satisfied shall be revived and continue in full force and effect as if such payments or proceeds had not been received by Senior CreditorAgent or Senior Creditors.
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Samples: Subordination Agreement (PhaseBio Pharmaceuticals Inc)
REINSTATEMENT OF SENIOR DEBT. To the extent that Senior Creditor receives Creditors receive payments on or proceeds of any collateral security for the Senior Debt, which payments or proceeds Debt that are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law, or equitable cause, then, to the extent of such payments payment or proceeds invalidated, declared to be fraudulent or preferential, set aside or required to be repaid, the such Senior Debt, or part thereof, intended to be satisfied shall be revived and continue in full force and effect as if such payments or proceeds had not been received by Senior CreditorCreditors.
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