Resurrection of Obligations. To the extent that any Bank receives any payment on account of Borrower’s liabilities, and any such payment(s) or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, subordinated and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment(s) received, Borrower’s liabilities, or part thereof intended to be satisfied, shall be revived and continue in full force and effect, as if such payment(s) had not been received by such Bank and applied on account of Borrower’s liabilities.
Appears in 2 contracts
Samples: Credit Agreement (Shoe Carnival Inc), Credit Agreement (Shoe Carnival Inc)
Resurrection of Obligations. To the extent that any Bank receives any payment on account of Borrower’s the Company's liabilities, and any such payment(s) or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, subordinated and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment(s) received, Borrower’s the Company's liabilities, or part thereof intended to be satisfied, shall be revived and continue in full force and effect, as if such payment(s) had not been received by such Bank and applied on account of Borrower’s the Company's liabilities.
Appears in 1 contract
Samples: Credit Agreement (May & Speh Inc)
Resurrection of Obligations. To the extent that any Bank receives any payment on account of Borrower’s 's liabilities, and any such payment(s) or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, subordinated and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment(s) received, Borrower’s 's liabilities, or part thereof intended to be satisfied, shall be revived and continue in full force and effect, as if such payment(s) had not been received by such Bank and applied on account of Borrower’s 's liabilities.
Appears in 1 contract
Samples: Credit Agreement (Shoe Carnival Inc)
Resurrection of Obligations. To the extent that any Bank Lender receives any payment on account of Borrower’s liabilitiesany of the Obligations, and any such payment(s) or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside, subordinated and/or required to be repaid to a trustee, receiver or any other party Person under any bankruptcy act, state or federal Federal law, common law or equitable cause, then, to the extent of such payment(s) received, Borrower’s liabilities, the Obligations or part thereof intended to be satisfied, satisfied shall be revived and continue in full force and effect, as if such payment(s) had not been received by such Bank Lender and applied on account of Borrower’s liabilitiesthe Obligations.
Appears in 1 contract
Samples: Loan Agreement (Peoples Bancorp Inc)