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 or on behalf of any Obligor or the transfer to Administrative Agent, LC Issuer, or any Lender of any Property (including through setoff) should for any reason subsequently be declared to be void or voidable under any Debtor Relief Law, 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 Administrative Agent, LC Issuer 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 advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that such Persons, or any of them, is required or elects to repay or restore, and as to all costs, expenses, and attorneys’ fees of such Persons related thereto, the liability of all affected Obligors automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Appears in 6 contracts

Samples: Credit Agreement (BRC Inc.), Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.)

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Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrower or on behalf any Guarantor of any Obligor the Obligations or the transfer by any or all of such parties to Administrative Agent, LC Issuer, the Agent or any the other members of the Lender Group of any Property (including through setoff) property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any Debtor Relief Lawstate 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 property (collectively, a "Voidable Transfer"), and if Administrative Agent, LC Issuer the Agent or any Lender, or any the other members of them, is the Lender Group 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 such Persons, the Agent or any the other members of them, is the Lender Group are required or elects elect to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of such Persons the Lender Group related thereto, the liability of all affected Obligors Borrower or such Guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Appears in 2 contracts

Samples: Loan and Security Agreement (Texas New Mexico & Oklahoma Coaches Inc), Loan and Security Agreement (Vermont Transit Co Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by or on behalf of any Obligor Credit Party or the transfer to Administrative the Agent, LC Issuer, or any Lender of any Property (including through setoff) should for any reason subsequently be declared to be void or voidable under any Debtor Relief Law, 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 Administrative the Agent, LC Issuer 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 such Persons, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ fees of such Persons related thereto, the liability of all affected Obligors Credit Parties automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Appears in 2 contracts

Samples: Revolving Loan Facility Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by or on behalf of any Obligor Loan Party or the transfer to Administrative Agent, LC Issuerany Lender, any Issuer or any Lender Bank Product Provider of any Property (including through setoff) property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any Debtor Relief Lawstate or federal law relating to creditors' rights, including provisions of the Bankruptcy Code Debtor Relief Laws relating to fraudulent conveyances, preferences, or other voidable or recoverable payments of money or transfers of Property property (collectivelyeach, a "Voidable Transfer"), and if Administrative Agent, LC Issuer or any such Lender, such Issuer, 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 Agent, such PersonsLender, such Issuer, or any of them, such Bank Product Provider is required or elects to repay or restore, and as to all reasonable costs, expensesExpenses, and reasonable attorneys' fees of Agent, such Persons Lender, such Issuer, and such Bank Product Provider related thereto, the liability of all affected Obligors each Loan Party automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Appears in 1 contract

Samples: Credit Agreement (Auxilio Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Secured Obligations by any Borrower or on behalf any guarantor of any Obligor the Secured Obligations or the transfer by any or all of such parties to Administrative Agent, LC Issuer, or any the Lender Group of any Property (including through setoff) property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any Debtor Relief Lawstate 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 property (collectively, a “Voidable Transfer”), and if Administrative Agent, LC Issuer or any Lender, or any of them, the 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 such Persons, or any of them, the Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of such Persons the Lender Group related thereto, the liability of all affected Obligors Borrowers or such guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by or on behalf of any Obligor Borrower or the transfer to Administrative Agent, LC Issuer, or any Lender of any Property (including through setoff) should for any reason subsequently be declared to be void or voidable under any Debtor Relief Lawstate 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 Administrative Agent, LC Issuer 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 such Persons, or any of them, is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys' fees of such Persons related thereto, the liability of all affected Obligors Borrowers automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Appears in 1 contract

Samples: Credit Agreement (Freds Inc)

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Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by Borrowers or on behalf of any Obligor Guarantors or the transfer to Administrative Agent, LC Issuer, or any Lender and Issuing Bank of any Property (including through setoff) property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any Debtor Relief Lawstate 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 property (collectivelyeach, a “Voidable Transfer”), and if Administrative Agent, LC Issuer or any LenderLender and Issuing Bank, or any of them, is are required to repay or restore, in whole or in part, any such Voidable Transfer, or elects to do so upon the advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that such PersonsAgent, any Lender and Issuing Bank, or any of them, is are required or elects elect to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of such Persons Agent, any Lender and Issuing Bank, as applicable related thereto, the liability of all affected Obligors Borrowers or Guarantors automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Appears in 1 contract

Samples: Loan and Security Agreement (Nicholas Financial Inc)

Revival and Reinstatement of Obligations. (a) If the incurrence or payment of the Obligations by any Borrower or on behalf any guarantor of any Obligor the Obligations or the transfer by any or all of such parties to Administrative Agent, LC Issuer, or any the Lender Group of any Property (including through setoff) property of either or both of such parties should for any reason subsequently be declared 77 to be void or voidable under any Debtor Relief Lawstate 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 property (collectively, a "Voidable Transfer"), and if Administrative Agent, LC Issuer or any Lender, or any of them, the 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 such Persons, or any of them, the Lender Group is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of such Persons the Lender Group related thereto, the liability of all affected Obligors Borrowers or such guarantor automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Appears in 1 contract

Samples: Loan and Security Agreement (Leslies Poolmart Inc)

Revival and Reinstatement of Obligations. If the incurrence or payment of the Obligations by or on behalf of any Obligor Credit Party or the transfer to Administrative Agent, LC Issuer, or any Lender of any Property (including through setoff) should for any reason subsequently be declared to be void or voidable under any Debtor Relief Law, 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 Administrative Agent, LC Issuer 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 advice of its counsel, then, as to any such Voidable Transfer, or the amount thereof that such Persons, or any of them, is required or elects to repay or restore, and as to all costs, expenses, and attorneys’ fees of such Persons related thereto, the liability of all affected Obligors Credit Parties automatically shall be revived, reinstated, and restored and shall exist as though such Voidable Transfer had never been made.

Appears in 1 contract

Samples: Credit Agreement (Alpha Metallurgical Resources, Inc.)

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