Common use of Reinstatement/Termination Clause in Contracts

Reinstatement/Termination. This Guaranty shall remain in full force and effect and continue to be effective should any petition be filed by or against any Loan Party for liquidation or reorganization, should any Loan Party become insolvent or make an assignment for the benefit of creditors or should a receiver or trustee be appointed for all or any significant part of any Loan Party’s assets, and shall, to the fullest extent permitted by Applicable Law, continue to be effective or be reinstated, as the case may be, if at any time payment and performance of the Guarantied Obligations, or any part thereof, is, pursuant to Applicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligees of the Guarantied Obligations or such part thereof, whether as a “voidable preference,” “fraudulent transfer,” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Guarantied Obligations shall, to the fullest extent permitted by Law, be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned. Subject to the reinstatement provisions of this Section 12, this Guaranty shall remain in full force and effect until the date upon which (a) all of the Guaranteed Obligations are fully, indefeasibly, absolutely and unconditionally paid and performed, (b) the Revolving Commitments and Term Commitments are terminated, and (c) all Swap Contracts with respect to all Swap Obligations have expired, been terminated or secured on terms that are reasonably acceptable to the parties to such Swap Contract.

Reinstatement/Termination. This Guaranty shall remain in full force and effect and continue to be effective should any petition be filed by or against any Loan Obligated Party for liquidation or reorganization, should any Loan Obligated Party become insolvent or make an assignment for the benefit of creditors or should a receiver or trustee be appointed for all or any significant part of any Loan Obligated Party’s assets, and shall, to the fullest extent permitted not prohibited by Applicable applicable Law, continue to be effective or be reinstated, as the case may be, if at any time payment and performance of the Guarantied Guaranteed Obligations, or any part thereof, is, pursuant to Applicable applicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligees of the Guarantied Guaranteed Obligations or such part thereof, whether as a “voidable preference,” “fraudulent transfer,” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Guarantied Guaranteed Obligations shall, to the fullest extent permitted by Law, be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned. Subject to the reinstatement provisions of this Section 12, this Guaranty shall remain in full force and effect until the date upon which (a) all of the Guaranteed Obligations are fully, indefeasibly, absolutely and unconditionally paid and performed, (b) the Revolving Commitments and Term Commitments are terminated, and (c) all Swap Contracts with respect to all Swap Obligations have expired, been terminated or secured on terms that are reasonably acceptable to the parties to such Swap ContractRelease Date.

Reinstatement/Termination. This Guaranty shall remain in full force and effect and continue to be effective (i) should any petition be filed by or against any Loan Party for liquidation or reorganizationunder any Debtor Relief Law, (ii) should any Loan Party become insolvent or make an assignment for the benefit of creditors or (iii) should a receiver or trustee be appointed for all or any significant part of any Loan Party’s assets, and this Guaranty shall, to the fullest extent permitted by Applicable applicable Law, continue to be effective or be reinstated, as the case may be, if at any time payment and performance of the Guarantied Guaranteed Obligations, or any part thereof, is, pursuant to Applicable applicable Law, rescinded or reduced in amount, or must otherwise be restored or returned by any obligees of the Guarantied Guaranteed Obligations or such part thereof, whether as a “voidable preference,” “fraudulent transfer,” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Guarantied Guaranteed Obligations shall, to the fullest extent permitted not prohibited by Law, be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned. Subject to the reinstatement provisions of this Section 12, this Guaranty shall shall, as to each Guarantor, remain in full force and effect until the date upon which (a) all earliest to occur of the Guaranteed Obligations are fully, indefeasibly, absolutely and unconditionally paid and performed, (b) the Revolving Commitments and Term Commitments are terminated, and (c) all Swap Contracts with respect to all Swap Obligations have expired, been terminated or secured on terms that are reasonably acceptable to the parties Release Date applicable to such Swap ContractGuarantor and the Termination Date.