Common use of Revival and Reinstatement of Obligations Clause in Contracts

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 5 contracts

Samples: Term Loan and Security Agreement (Genasys Inc.), Term Loan and Security Agreement, Purchase Money Loan and Security Agreement (SAExploration Holdings, Inc.)

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Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower any Obligation or any other obligation of any Borrower or Guarantor under any Loan Party Document or any Bank Product Agreement by any Borrower or Guarantor or the transfer to any member of the Agent Lender Group or the Lenders any Bank Product Provider of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if any member of the Agent Lender Group or any Lender Bank Product Provider is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that such member of the Agent Lender Group or such Lender Bank Product Provider is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ fees of such member of the Agent Lender Group or such Lender Bank Product Provider related thereto, the liability of Borrower or such other the Loan Party Parties automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 4 contracts

Samples: Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other under the Loan Party Documents or the transfer to the Agent or the Lenders of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state sate or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is Lenders are required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its their respective counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is Lenders are required or elects elect to repay or restore, and as to all reasonable costs, expenses, expenses and attorneys’ attorneys fees of the Agent or such Lender lenders related thereto, the liability of the Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 3 contracts

Samples: Credit Agreement (Einstein Noah Restaurant Group Inc), Second Lien Credit Agreement (New World Restaurant Group Inc), First Lien Credit Agreement (New World Restaurant Group Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders any Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 3 contracts

Samples: Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc), Loan and Security Agreement (Silverleaf Resorts Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of such Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the AgentLender’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 3 contracts

Samples: Credit and Security Agreement (Integrated Electrical Services Inc), Credit and Security Agreement (Charles & Colvard LTD), Credit and Security Agreement (Integrated Electrical Services Inc)

Revival and Reinstatement of Obligations. If the incurrence or ------------------------------------------- payment of the Obligations by Borrower or any other Loan Party Obligor or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a "Voidable Transfer"), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related theretoLender, the liability of Borrower or such other Loan Party Obligations shall automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amrep Corp.), Loan and Security Agreement (Amrep Corp.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ fees of the Agent or such Lender related thereto, the liability of such Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the AgentLender’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 2 contracts

Samples: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party Guarantor or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a "Voidable Transfer"), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower Borrowers or such other Loan Party Guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 2 contracts

Samples: Credit Agreement (Cryolife Inc), Loan and Security Agreement (SPSS Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Credit Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party the Credit Parties automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 2 contracts

Samples: Loan and Security Agreement (Atlanticus Holdings Corp), Loan and Security Agreement (Atlanticus Holdings Corp)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 2 contracts

Samples: Unsecured Subordinated Loan Agreement (Midway Games Inc), Unsecured Loan Agreement (Midway Games Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party Guarantor or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a "Voidable Transfer"), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party Guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 2 contracts

Samples: Loan and Security Agreement (Swank, Inc.), Loan and Security Agreement (Shoe Pavilion Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent Agent, Issuing Bank or the Lenders any Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyancesFraudulent Conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent Agent, Issuing Bank or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent Agent, Issuing Bank or such any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related theretoAgent, Issuing Bank and/or Lenders, the liability of Borrower or such other Loan Party Obligations shall automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made made, and if the Commitment Termination Date had previously occurred, it shall be rescinded and this Agreement, the other Loan Documents and all Liens granted hereunder and thereunder shall be immediately reinstated until full and final payment of the Obligations, in cash, shall have been received by Agent’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 2 contracts

Samples: Loan, Security and Guaranty Agreement (Transport America, Inc.), Loan, Security and Guaranty Agreement (Transport America, Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property of either or both of such parties should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or and other voidable or recoverable payments of money or transfers of property (eachindividually or collectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneysAttorneysfees Fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Andalay Solar, Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party Obligor or the transfer to the Agent or the Lenders Lender Group of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender Group is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender Group related thereto, the liability of Borrower or such other Loan Party Obligors automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Credit Agreement (Bookham, Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party Guarantor or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys' fees of the Agent or such Lender related thereto, the liability of such Borrower or such other Loan Party Guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the AgentLender’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 1 contract

Samples: Credit and Security Agreement (Albany Molecular Research Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party Guarantor or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a "Voidable Transfer"), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower Borrowers or such other Loan Party Guarantor automatically shall be revived, reinstated, and restored and shall exist as though though, and to the same extent as if, such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Jalou Cashs LLC)

Revival and Reinstatement of Obligations. If the incurrence or ------------------------------------------- payment of the Obligations obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders Bank of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code bankruptcy code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a "Voidable Transfer"), and if the Agent or any Lender Bank is required to repay or ------------------- restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender Bank is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ reasonable attorneys fees of the Agent or such Lender Bank related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Revolving Credit Loan and Security Agreement (Cytation Corp)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party Guarantor or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower Borrowers or such other Loan Party Guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Credit Agreement (Cryolife Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party or the transfer to the Agent or the Lenders any Lender of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of such Borrower or and such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 1 contract

Samples: Credit and Security Agreement (Differential Brands Group Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party Guarantors automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Point.360)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party Guarantor or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of such Borrower or such other Loan Party Guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the AgentLender’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 1 contract

Samples: Credit and Security Agreement (Startek Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ fees of the Agent or such Lender related thereto, the liability of Borrower or such other the Loan Party Parties automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Quest Minerals & Mining Corp)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party Borrowers or the transfer to the Agent or the Lenders Lender Group of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a "Voidable Transfer"), and if the Agent or any Lender Group is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender Group related thereto, the liability of Borrower or such other Loan Party Borrowers automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (General Datacomm Industries Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party Obligor or the transfer to the Agent Lenders or the Lenders Administrative Agent of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorney’s fees of the Agent or such Lender related theretoLenders, the liability of Borrower or such other Loan Party Obligations shall automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (FC Global Realty Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender Group of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender Group is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender Group related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Horizon Technology Finance Corp)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Credit Party or the transfer to the Agent or the Lenders Lender Group of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, each a “Voidable Transfer”), and if the Agent or any Lender Group is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender Group related thereto, the liability of Borrower or such other Loan Party all Credit Parties automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Credit Agreement (Advent Software Inc /De/)

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Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyancestransfers, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”"VOIDABLE TRANSFER"), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party Borrowers automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Cyrk Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders any Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Silverleaf Resorts Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the AgentLender’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 1 contract

Samples: Credit and Security Agreement (U.S. Well Services, LLC)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by Borrower or any other Loan Party Debtor or the transfer by Debtor to the Agent or the Lenders Lender of any property of Debtor should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or and other voidable or recoverable payments of money or transfers of property (eachcollectively, a "Voidable Transfer"), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further action.made. [signature page follows]

Appears in 1 contract

Samples: Security Agreement (Shoe Pavilion Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender Group of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender Group is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender Group related thereto, the liability of Borrower or such other all Loan Party Parties automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Credit Agreement (Princeton Review Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of such Borrower or and such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the AgentLender’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 1 contract

Samples: Credit and Security Agreement (Differential Brands Group Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”"VOIDABLE TRANSFER"), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys' fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party Borrowers automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Synavant Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party Guarantor or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law Applicable Law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Fortegra Financial Corp)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender Group of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (each, a “Voidable Transfer”), and if the Agent or any Lender Group is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender Group related thereto, the liability of Borrower or such other Loan Party Borrowers automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Credit Agreement (SoftBrands, Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent Administrative Agent, the Issuing Bank or the Lenders any Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyancesFraudulent Conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent Administrative Agent, the Issuing Bank or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent Administrative Agent, the Issuing Bank or such any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ fees Attorneys Costs of the Agent or such Lender related theretoAdministrative Agent, the liability of Borrower or such other Loan Party Issuing Bank and/or the Lenders, the Obligations shall automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made made, and if the Termination Date had previously occurred, it shall be rescinded and this Agreement, the other Loan Documents and all Liens granted hereunder and thereunder shall be immediately reinstated until full and final payment of the Obligations, in cash, shall have been received by the Administrative Agent’s Liens in the Collateral shall be automatically reinstated without further action.

Appears in 1 contract

Samples: Credit Agreement (Russ Berrie & Co Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations Outstanding Amount by the Borrower or any other Loan Party or the transfer to the Agent or the Lenders of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is Lenders are required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its their respective counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is Lenders are required or elects elect to repay or restore, and as to all reasonable costs, expenses, expenses and attorneys’ attorneys fees of the Agent or such Lender Lenders related thereto, the liability of the Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Credit Agreement (New World Restaurant Group Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property Property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the United States Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of the Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan Agreement (Sevcon, Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of any amount due hereunder or under the Obligations Notes or the Loan Documents by Borrower or any other Loan Party of its Subsidiaries or the transfer by Borrower or any such Subsidiaries to the Agent or the Lenders Agent, on behalf of Banks, of any property Assets of Borrower or such Subsidiaries, as applicable, should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or and other voidable or recoverable payments of money or transfers of property (eachcollectively, a "Voidable Transfer"), and if the Agent or any Lender is the Banks are required to repay or restore, in whole or in part, any such Voidable Transfer, or elects elect to do so upon the reasonable advice of its their counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is the Banks, as applicable, are required or elects elect to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of Agent and the Agent or such Lender Banks related thereto, the liability of Borrower or such other Loan Party Subsidiary automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer never had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Credit Agreement (Southdown Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders of any property of either or both of such parties should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or and other voidable or recoverable payments of money or transfers of property (eachindividually or collectively, a “Voidable Transfer”), and if the Agent or any Lender Lenders is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender Lenders is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneysAttorneysfees Fees of the Agent or such Lender Lenders related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (T3 Motion, Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any other Loan Party or the transfer to the Agent or the Lenders of any property by Borrower to Lender should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or and other voidable or recoverable payments of money or transfers of property (eachcollectively, a “Voidable Transfer”), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of the Agent or such Lender related thereto, the liability of Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Debt and Security Agreement (Vermillion, Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Borrower or any other Loan Party or the transfer to the Agent or the Lenders Lender of any property should for any reason subsequently be asserted, or declared, declared to be void or voidable under any state or federal law relating to creditors' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of property (eachcollectively, a "Voidable Transfer"), and if the Agent or any Lender is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Agent or such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys' fees of the Agent or such Lender related thereto, the liability of each Borrower or such other Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made and all of the Agent’s Liens in the Collateral shall be automatically reinstated without further actionmade.

Appears in 1 contract

Samples: Loan and Security Agreement (Zanett Inc)

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