Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 3 contracts
Samples: Security Agreement (Viskase Companies Inc), Security Agreement (Viskase Companies Inc), Security Agreement (Viskase Companies Inc)
Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Debtor Borrower or any guarantor, or the transfer by any Debtor to the Collateral Agent Lender of any property of such Debtor should for any reason subsequently be declared asserted, or 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 (collectivelyeach, a "Voidable Transfer"), and if the Collateral Agent 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 Collateral Agent Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys reasonable attorneys' fees of the Collateral Agent Lender related thereto, the liability of Borrowers and such Debtor guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 3 contracts
Samples: Business Financing Agreement, Business Financing Agreement (ChromaDex Corp.), Business Financing Agreement (Selectica Inc)
Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "Voidable Transfer"), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys' fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 2 contracts
Samples: Security Agreement (Interdent Inc), Security Agreement (Interdent Inc)
Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Debtor Pledgor or the transfer by any Debtor Pledgor to the Collateral Agent Pledgee of any property of such Debtor Pledgor 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 TransferVOIDABLE TRANSFER"), and if the Collateral Agent Pledgee 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 Collateral Agent Pledgee is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Collateral Agent Pledgee related thereto, the liability of such Debtor Pledgor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 2 contracts
Samples: Pledge Agreement (Empire Resorts Inc), Pledge Agreement (Empire Resorts Inc)
Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Debtor Pledgor or the transfer by any Debtor Pledgor to the Collateral Agent Pledgee of any property of such Debtor Pledgor 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 Collateral Agent Pledgee 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 Collateral Agent Pledgee is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Collateral Agent Pledgee related thereto, the liability of such Debtor Pledgor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 2 contracts
Samples: Pledge Agreement (Viskase Companies Inc), Pledge Agreement (Viskase Companies Inc)
Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "Voidable TransferVOIDABLE TRANSFER"), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys' fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 2 contracts
Samples: Trademark Security Agreement (Mortons Restaurant Group Inc), Trademark Security Agreement (Mortons Restaurant Group Inc)
Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "Voidable TransferVOIDABLE TRANSFER"), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys' fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
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Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
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Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by Debtor, any Debtor Defeasance thereof or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "Voidable TransferVOIDABLE TRANSFER"), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys' fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
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Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "Voidable Transfer"), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys' fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
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Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any Debtor Guarantor or the transfer by any Debtor to the Collateral Agent or any Lender of any property of such Debtor 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 (collectivelyeach, a "Voidable Transfer"), and if the Collateral Agent or Such 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 Collateral Agent or Such Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Collateral Agent and Such Lender related thereto, the liability of such Debtor Borrower or any Guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
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Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by Pledgor, any Debtor Defeasance thereof or the transfer by any Debtor Pledgor to the Collateral Agent of any property of such Debtor Pledgor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "Voidable Transfer"), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys' fees of the Collateral Agent related thereto, the liability of such Debtor Pledgor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
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Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 TransferVOIDABLE TRANSFER"), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
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Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any Debtor Borrower or the transfer by any Debtor Borrower to the Collateral Agent of any property of such Debtor Borrower 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "Voidable Transfer"), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Collateral Agent related thereto, the liability of any such Debtor Borrower automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 1 contract
Samples: Security Agreement (Shells Seafood Restaurants Inc)
Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or any Debtor guarantor, or the transfer by any Debtor to the Collateral Agent Lender of any property of such Debtor should for any reason subsequently be declared asserted, or 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 (collectivelyeach, a "Voidable Transfer"), and if the Collateral Agent 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 Collateral Agent Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys reasonable attorneys' fees of the Collateral Agent Lender related thereto, thereto the liability of Borrower and such Debtor guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
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Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any the Debtor or the transfer by any the Debtor to the Collateral Agent Holder of any property of such the Debtor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "Voidable Transfer"), and if the Collateral Agent Holder 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 Collateral Agent Holder is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys' fees of the Collateral Agent Holder related thereto, the liability of such the Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 1 contract
Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent Lender of any property of such Debtor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "Voidable TransferVOIDABLE TRANSFER"), and if the Collateral Agent 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 Collateral Agent Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys' fees of the Collateral Agent Lender related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 1 contract
Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any the Debtor or the transfer by any the Debtor to the Collateral Agent of any property of such the Debtor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "“Voidable Transfer"”), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys’ fees of the Collateral Agent related thereto, the liability of such the Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 1 contract
Samples: Security Agreement (GNLV Corp)
Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 TransferVOIDABLE TRANSFER"), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 1 contract
Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any Debtor each Grantor or the transfer by any Debtor each Grantor to the Collateral Agent of any property of such Debtor each Grantor 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 and other voidable or recoverable payments of money or transfers of property (collectively, a "“Voidable Transfer"”), and if the Collateral Agent 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 Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys attorneys’ fees of the Collateral Agent related thereto, the liability of such Debtor each Grantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 1 contract
Samples: Security Agreement (GNLV Corp)
Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by any Debtor or the transfer by any Debtor to the Collateral Agent of any property of such Debtor 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 Collateral Agent is required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so 20 <PAGE> upon the reasonable advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that the Collateral Agent is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys fees of the Collateral Agent related thereto, the liability of such Debtor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.
Appears in 1 contract
Samples: Security Agreement