Common use of Reinstatement Clause in Contracts

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 232 contracts

Samples: Secured Subsidiary Guarantee (Digital Ally, Inc.), Subsidiary Guarantee (Elicio Therapeutics, Inc.), Securities Purchase Agreement (Inpixon)

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Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 113 contracts

Samples: 5 Year Revolving Credit Agreement (NuStar Energy L.P.), Guarantee and Collateral Agreement (Gartner Inc), Credit Agreement

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Secured Parties upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 17 contracts

Samples: Subsidiary Guarantee Agreement, Subsidiary Guarantee (Cardax, Inc.), Subsidiary Guarantee (Dthera Sciences)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 10 contracts

Samples: Subsidiary Guarantee (ASTROTECH Corp), Subsidiary Guarantee (ASTROTECH Corp), Guaranty Agreement (Universal Property Development & Acquisition Corp)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 8 contracts

Samples: Subsidiary Guarantee (Directview Holdings Inc), Subsidiary Guarantee (Snap Interactive, Inc), Subsidiary Guarantee (Viral Genetics Inc /De/)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 8 contracts

Samples: Parent Guarantee, Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of any Borrower or the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, any Borrower or the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 7 contracts

Samples: Guarantee (XZERES Corp.), Guarantee (Cover All Technologies Inc), Guarantee (Charys Holding Co Inc)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Holders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 6 contracts

Samples: Subsidiary Guarantee (Viscount Systems Inc), Subsidiary Guarantee (Accentia Biopharmaceuticals Inc), Subsidiary Guarantee (Accentia Biopharmaceuticals Inc)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Company Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 6 contracts

Samples: Subordination Agreement (ABX Holdings, Inc.), Securities Purchase Agreement (Access Integrated Technologies Inc), Subordination Agreement (ABX Holdings, Inc.)

Reinstatement. The guarantee guaranty contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 5 contracts

Samples: Guaranty (Eastside Distilling, Inc.), Guaranty (Giga Tronics Inc), Guaranty (BitNile Metaverse, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Holder upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 5 contracts

Samples: Subsidiary Guarantee (Smartsources Com Inc), Subsidiary Guaranty (Digital Recorders Inc), Subsidiary Guaranty (Cover All Technologies Inc)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 5 contracts

Samples: Credit Agreement (Recoton Corp), Credit Agreement (Paxson Communications Corp), Credit and Guarantee Agreement (Warren S D Co /Pa/)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 5 contracts

Samples: Subsidiary Guarantee (LOCAL Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Guarantee (Marshall Holdings International, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Secured Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Seller or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Seller or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (AxoGen, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor intervener or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 5 contracts

Samples: Subsidiary Guarantee (POSITIVEID Corp), Subsidiary Guarantee (POSITIVEID Corp), Subsidiary Guarantee (POSITIVEID Corp)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Collateral Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 4 contracts

Samples: Credit Agreement (Energy Future Intermediate Holding CO LLC), Guarantee (Del Monte Foods Co), Guarantee (First Data Corp)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Borrower Creditor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 4 contracts

Samples: Guarantee (Cogentrix Energy Inc), Guarantee (Cogentrix Delaware Holdings Inc), Guarantee (Cogentrix Energy Inc)

Reinstatement. The guarantee guarantees contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Guarantee Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any other Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Senior Subordinated Guarantee (First Data Corp), Senior Unsecured Guarantee (Energy Future Holdings Corp /TX/), Senior Unsecured Guarantee (First Data Corp)

Reinstatement. The guarantee guaranty contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Guaranty (Alzamend Neuro, Inc.), Guaranty (Ault Alliance, Inc.), Guaranty (Ault Alliance, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Restatement Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or for any other reason otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Subsidiary Guarantee (LiveXLive Media, Inc.), Subsidiary Guarantee (LiveXLive Media, Inc.), Subsidiary Guarantee (JRjr33, Inc.)

Reinstatement. The guarantee guarantees contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Cross Guarantee Agreement, Cross Guarantee Agreement (Constellation Brands, Inc.), Cross Guarantee Agreement (Constellation Brands, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Obligor or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Obligor or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 3 contracts

Samples: Guarantee (Calpian, Inc.), Guarantee (Excel Corp), Guarantee (Calpian, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Purchaser upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Securities Purchase Agreement (TNL Mediagene), Securities Purchase Agreement (Blue Ocean Acquisition Corp)

Reinstatement. The guarantee Guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Guarantee Agreement (On Semiconductor Corp), Credit Agreement (Cable One, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made, provided that the Guarantor's rights of contribution pursuant to Section 2(b) above shall similarly continue to be effective or be reinstated, as the case may be.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Star Energy Corp), Subsidiary Guarantee (Star Energy Corp)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Note Holders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Scilex Holding Co), Subsidiary Guarantee (Oramed Pharmaceuticals Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or otherwise is or must otherwise be restored or returned by the Purchasers any Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Guarantee Agreement (Istar Financial Inc), Guarantee Agreement (Istar Financial Inc)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company UPDA or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company for UPDA or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Universal Property Development & Acquisition Corp), Subsidiary Guarantee (Heartland Oil & Gas Corp)

Reinstatement. The guarantee contained in this Section 2 herein shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Company, or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: 364 Day Delayed Draw Term Loan Credit Agreement (General Motors Co), 364 Day Revolving Credit Agreement (General Motors Co)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Company Obligations is rescinded or must otherwise be restored or returned by the Purchasers Collateral Agent or any other Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Medicor LTD), Note Purchase Agreement (HLTH Corp)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor intervener or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Kojaian Mike), Guarantee and Collateral Agreement (Grubb & Ellis Co)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Investors upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Guaranty (Cyber App Solutions Corp.), Subsidiary Guarantee (Chile Mining Technologies Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Subscribers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Oxford Media, Inc.), Subsidiary Guarantee (Oxford Media, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation any Secured Party as a result of or reorganization in connection with an Insolvency Proceeding of the Company any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company any Borrower or any Guarantor or any substantial part of its propertyProperty, or otherwise, all as though such payments had not been made.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (HollyFrontier Corp), Credit Agreement (HollyFrontier Corp)

Reinstatement. The guarantee contained in this Section 2 11 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Seller Obligations is rescinded or must otherwise be restored or returned by the Purchasers Buyer upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Sellers or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, Sellers or the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Securities Repurchase Agreement (Delta Financial Corp)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations First Lien Debt is rescinded or must otherwise be restored or returned by the Purchasers any Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company IGN or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company IGN or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Credit Agreement (Ign Entertainment Inc)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Guarantee (Atlantic Syndication Network Inc)

Reinstatement. The guarantee guaranty contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Holders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guaranty (Fibrocell Science, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Scorpius Holdings, Inc.)

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Reinstatement. The guarantee Each of the guarantees contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrowers or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrowers or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Frontline Capital Group)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrowers or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrowers or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Velocity Asset Management Inc)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, administrator, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (InspireMD, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall ------------ continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (G&l Realty Corp)

Reinstatement. The guarantee contained in this Section 2 ------------- shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Investor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Constellation 3d Inc)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time time, payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Secured Parties upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Nac Global Technologies, Inc.)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Agent or any Guaranteed Creditor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or of any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Credit Agreement (Werner Holding Co Inc /Pa/)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Metalink LTD)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Vanco upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Capital Growth Systems Inc /Fl/)

Reinstatement. The guarantee guaranty contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Guaranty (Ault Alliance, Inc.)

Reinstatement. The guarantee contained in this Section ARTICLE 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Company Obligations is rescinded or must otherwise be restored or returned by the Purchasers Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Guarantee and Security Agreement (HC Innovations, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Guarantee Agreement (Constellation Brands, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made, except to the extent such proceeding is permitted pursuant to and in accordance with the terms of the Loan Agreement.

Appears in 1 contract

Samples: Guaranty Agreement (Microvast Holdings, Inc.)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Administrative Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of HCLP or the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, HCLP or the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Guarantee (Hanover Compressor Co /)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Agent or any Bank upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Debtor or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Debtor or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Outsource International Inc)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Buyer upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Zerify, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Borrower Obligations is rescinded or must otherwise be restored or returned by the Purchasers either Agent or any Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Revolving Credit Agreement (Grand Union Co /De/)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Anc Rental Corp)

Reinstatement. The guarantee contained in this Section 2 shall continue ------------- to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (Trinity Learning Corp)

Reinstatement. The guarantee contained in this Section 2 herein shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Guaranteed Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Revolving Credit Agreement (General Motors Co)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Guarantee (New Harvest Capital Corp)

Reinstatement. The guarantee guaranty contained in this Section 2 shall will continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Secured Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such the payments had not been made.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Electronic Cigarettes International Group, Ltd.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Lenders upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Subsidiary or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company Subsidiary or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Parent Guarantee (VCG Holding Corp)

Reinstatement. The guarantee contained in this Section 2 This Guarantee shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Agent or any Guaranteed Creditor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any of the Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any the Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Credit Agreement (Werner Holding Co Inc /Pa/)

Reinstatement. The guarantee guarantees contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers any Secured Party upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor intervener or conservator of, or trustee or similar officer for, the Company Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Virgin Mobile USA, Inc.)

Reinstatement. The guarantee contained in this Section 2 shall continue to be effective, or be reinstated, as the case may be, if at any time payment, or any part thereof, of any of the Obligations is rescinded or must otherwise be restored or returned by the Purchasers Vendor upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of the Company or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor or conservator of, or trustee or similar officer for, the Company or any Guarantor or any substantial part of its property, or otherwise, all as though such payments had not been made.

Appears in 1 contract

Samples: Subsidiary Guarantee (ChromaDex Corp.)

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