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 the Borrower or any other Credit Party, or the transfer to the Lender Group of any property, should for any reason subsequently be 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 (collectively, a “Voidable Transfer”), and if the Lender Group, or any of them, 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses and attorneys fees of the Lender Group related thereto, the liability of the Borrower or such other Credit Party, as applicable, automatically shall be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the any Borrower or any other Credit Party, or the transfer to the Lender Group of any property, should for any reason subsequently be 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 (collectively, a “Voidable Transfer”), and if the Lender Group, or any of them, 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses and attorneys attorney’s fees of the Lender Group related thereto, the liability of the such Borrower or such other Credit Party, as applicable, automatically shall be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Credit PartyGuarantor, or the transfer to the Lender Group of any property, should for any reason subsequently be declared to be void or voidable under any state or Federal 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 (collectively, a “Voidable Transfer”), and if the Lender Group, or any of them, 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses and attorneys fees of the Lender Group related thereto, the liability of the Borrower or such other Credit PartyGuarantor, as applicable, automatically shall be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Credit Party, Loan Party or the transfer to the Lender Group Bank or any Bank Product Provider of any property, property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any state or Federal federal law relating to creditors’ ' rights, including provisions of the Bankruptcy Code Debtor Relief Laws relating to fraudulent conveyances, preferences preferences, or other voidable or recoverable payments of money or transfers of property (collectivelyeach, a “"Voidable Transfer”"), and if the Lender Group, Bank or any of them, such 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 the Lender Group, Bank or any of them, such Bank Product Provider is required or elects to repay or restore, and as to all reasonable costs, expenses Expenses, and attorneys reasonable attorneys' fees of the Lender Group Bank and such Bank Product Provider related thereto, the liability of the Borrower or such other Credit Party, as applicable, each Loan Party automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Credit PartyGuarantor, or the transfer to the Lender Group of any property, should for any reason subsequently be declared to be void or voidable under any state or Federal 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 (collectively, a “Voidable Transfer”), and if the Lender Group, or any of them, 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses and attorneys attorneys’ fees of the Lender Group related thereto, the liability of the Borrower or such other Credit PartyGuarantor, as applicable, automatically shall be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the any Borrower or any other Credit PartyGuarantor, or the transfer to the Lender Group of any property, should for any reason subsequently be declared to be void or voidable under any state or Federal 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 (collectively, a “Voidable Transfer”), and if the Lender Group, or any of them, 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses and attorneys fees of the Lender Group related thereto, the liability of the such Borrower or such other Credit PartyGuarantor, as applicable, automatically shall be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower Borrower, any Guarantor, or any other Credit Party, Obligor or the transfer by either or both of such parties to the Lender Group of any property, property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any state or Federal federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences or preferences, and other voidable or recoverable payments of money or transfers of property (individually or collectively, a “Voidable Transfer”), and if the Lender Group, or any of them, 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses expenses, and attorneys fees Attorneys’ Fees of the Lender Group related thereto, the liability of the Borrower or such other Credit Party, as applicable, Guarantor automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or on behalf of any other Credit Party, Party or the transfer to the Agent or any Lender Group of any property, Property (including through set-off) should for any reason subsequently be declared to be void or voidable under any state or Federal law relating to creditors’ rightsDebtor Relief Law, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences preferences, or other voidable or recoverable payments of money or transfers of property Property (collectively, a “Voidable Transfer”), and if the Lender GroupAgent or any Lender, or any of them, 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 Lender Groupsuch Persons, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses expenses, and attorneys attorneys’ fees of the Lender Group such Persons related thereto, the liability of the Borrower or such other all affected Credit Party, as applicable, Parties automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the any Borrower or any other Credit Party, or the transfer to the Lender Group of any property, should for any reason subsequently be 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 (collectively, a “Voidable Transfer”), and if the Lender Group, or any of them, 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses and attorneys fees of the Lender Group related thereto, the liability of the such Borrower or such other Credit Party, as applicable, automatically shall be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the any Borrower or any other Credit PartyGuarantor, or the transfer to the Lender Group of any property, should for any reason subsequently be declared to be void or voidable under any state or Federal 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 (collectively, a “Voidable Transfer”), and if the Lender Group, or any of them, 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses and attorneys attorney’s fees of the Lender Group related thereto, the liability of the Borrower Borrowers or such other Credit PartyGuarantor, as applicable, automatically shall be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Credit Party, Loan Party or the transfer to the Lender Group Bank or any Bank Product Provider of any property, property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any state or Federal federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences preferences, or other voidable or recoverable payments of money or transfers of property (collectivelyeach, a “Voidable Transfer”), and if the Lender Group, Bank or any of them, such 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 the Lender Group, Bank or any of them, such Bank Product Provider is required or elects to repay or restore, and as to all reasonable costs, expenses Expenses, and attorneys reasonable attorneys’ fees of the Lender Group Bank and such Bank Product Provider related thereto, the liability of the Borrower or such other Credit Party, as applicable, each Loan Party automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Credit Party, guarantor of the Obligations or the transfer by either or both of such parties to the Lender Group Banks of any property, property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any state or Federal federal law relating to creditors’ ' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences or preferences, and other voidable or recoverable payments of money or transfers of property (collectively, a “"Voidable Transfer”"), and if the Lender Group, or any of them, is Banks 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 counsel, then, as to any such Voidable Transfer, or the amount thereof that the Lender Group, Banks or any either of them, them is required or elects to repay or restore, and as to all reasonable costs, expenses expenses, and attorneys attorneys' fees of the Lender Group Banks related thereto, the liability of the Borrower or such other Credit Party, as applicable, guarantor automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Credit Party, guarantor of the Obligations or the transfer by any or all of such parties to the Lender Group of any property, property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any state or Federal federal law relating to creditors’ ' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences or preferences, and other voidable or recoverable payments of money or transfers of property (collectively, a “"Voidable Transfer”"), and if the Lender Group, or any of them, 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses expenses, and attorneys fees of the Lender Group related thereto, the liability of the Borrower or such other Credit Party, as applicable, guarantor automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the any Borrower or any other Credit Party, Obligor or the transfer by either or both of such parties to the Lender Group of any property, property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any state or Federal federal law relating to creditors’ ' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences or preferences, and other voidable or recoverable payments of money or transfers of property (collectively, a “"Voidable Transfer”"), and if the Lender Group, or any of them, 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 Lender Group, or any of them, Group is required or elects to repay or restore, and as to all reasonable costs, expenses expenses, and attorneys fees of the Lender Group related thereto, the liability of the Borrower Borrowers or such other Credit Party, as applicable, Guarantor automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Credit Party, Loan Party or the transfer to the Lender Group Bank or any Bank Product Provider of any property, property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any state or Federal federal law relating to creditors’ ' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences preferences, or other voidable or recoverable payments of money or transfers of property (collectivelyeach, a “"Voidable Transfer”"), and if the Lender Group, Bank or any of them, such 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 the Lender Group, Bank or any of them, such Bank Product Provider is required or elects to repay or restore, and as to all reasonable costs, expenses Expenses, and attorneys reasonable attorneys' fees of the Lender Group Bank and such Bank Product Provider related thereto, the liability of the Borrower or such other Credit Party, as applicable, each Loan Party automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Credit PartyGuarantor, or the transfer to the Lender Group of any property, should for any reason subsequently be declared to be void or voidable under any state or Federal 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 (collectively, a “"Voidable Transfer”"), and if the Lender Group, or any of them, is required to repay or 121 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 Lender Group, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses and attorneys fees of the Lender Group related thereto, the liability of the Borrower or such other Credit PartyGuarantor, as applicable, automatically shall be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by the Borrower or any other Credit Party, Debtor or the transfer by Debtors to Collateral Agent or the Lender Group of any property, property of any Debtor should for any reason subsequently be declared to be void or voidable under any state or Federal federal law relating to creditors’ rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences or preferences, and other voidable or recoverable payments of money or transfers of property (collectively, a “Voidable Transfer”), and if Collateral Agent or the Lender Group, or any of them, 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 Collateral Agent or the Lender Group, or any of them, Group is required or elects to repay or restore, and as to all reasonable costs, expenses expenses, and attorneys fees of Collateral Agent or the Lender Group related thereto, the liability of the Borrower or such other Credit Party, as applicable, Debtors automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. (a) If the incurrence or payment of the Obligations by the Borrower or any other Credit Party, guarantor of the Obligations or the transfer by any or all of such parties to the Lender Group of any property, property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any state or Federal federal law relating to creditors’ ' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences or preferences, and other voidable or recoverable payments of money or transfers of property (collectively, a “"Voidable Transfer”"), and if the Lender Group, or any of them, 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 Lender Group, or any of them, Group is required or elects to repay or restore, and as to all reasonable costs, expenses expenses, and attorneys fees of the Lender Group related thereto, the liability of the Borrower or such other Credit Party, as applicable, guarantor automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower or any other Credit Party, Loan Party or the transfer to the Lender Group Bank or any Bank Product Provider of any property, property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any state or Federal federal law relating to creditors’ ' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences preferences, or other voidable or recoverable payments of money or transfers of property (collectivelyeach, a “"Voidable Transfer”"), and if the Lender Group, Bank or any of them, such 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 the Lender Group, Bank or any of them, such Bank Product Provider is required or elects to repay or restore, and as to all reasonable costs, expenses Expenses, and attorneys reasonable attorneys' fees of the Lender Group Bank and such Bank SMRH:4842-8303-7620.12 37 Product Provider related thereto, the liability of the Borrower or such other Credit Party, as applicable, each Loan Party automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by the Borrower Borrowers or any other Credit Party, Guarantor or the transfer by either or both of such parties to the Lender Group of any property, property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any state or Federal federal law relating to creditors’ ' rights, including provisions of the Bankruptcy Code relating to fraudulent conveyances, preferences or preferences, and other voidable or recoverable payments of money or transfers of property (collectively, a “"Voidable Transfer”"), and if the Lender Group, or any of them, 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 Lender Group, or any of them, Group is required or elects to repay or restore, and as to all reasonable costs, expenses expenses, and attorneys fees of the Lender Group related thereto, the liability of Borrowers and the Borrower or such other Credit Party, as applicable, Guarantors automatically shall be revived, reinstated reinstated, and restored and shall exist as though such Voidable Transfer had never been made.