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 any Borrower or the transfer to Administrative Agent or any Lender of any property should for any reason subsequently be declared to be void or voidable under any state, provincial 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 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 Administrative Agent or any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ fees of Administrative Agent or any Lender, the Obligations shall 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 any Borrower or any guarantor, or the transfer to Administrative Agent or any Lender of any property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any state, provincial 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 Administrative 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 Administrative Agent or any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and reasonable attorneys’ ' fees of Administrative Agent or any LenderLender related thereto, the Obligations shall liability of Borrowers and such guarantor 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 any Borrower Debtor or the transfer by any Debtor to Administrative 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, provincial 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 Administrative the Collateral 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 Administrative the Collateral Agent or any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of Administrative the Collateral Agent or any Lenderrelated thereto, the Obligations shall liability of such Debtor 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 any Borrower Pledgor or the transfer by any Pledgor to Administrative Agent or any Lender the Pledgee of any property of such Pledgor should for any reason subsequently be declared to be void or voidable under any state, provincial 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 Administrative Agent or any Lender the 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 Administrative Agent or any Lender the Pledgee is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of Administrative Agent or any Lenderthe Pledgee related thereto, the Obligations shall liability of such Pledgor 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 any Borrower Pledgor or the transfer by any Pledgor to Administrative Agent or any Lender the Pledgee of any property of such Pledgor should for any reason subsequently be declared to be void or voidable under any state, provincial 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”"VOIDABLE TRANSFER"), and if Administrative Agent or any Lender the 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 Administrative Agent or any Lender the Pledgee is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ attorneys fees of Administrative Agent or any Lenderthe Pledgee related thereto, the Obligations shall liability of such Pledgor 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 Borrower or any Borrower guarantor, or the transfer to Administrative Agent or any Lender of any property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any state, provincial 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 Administrative 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 Administrative Agent or any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and reasonable attorneys’ fees of Administrative Agent or any Lender, Lender related thereto the Obligations shall liability of Borrower and such guarantor 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 any Borrower the Debtor or the transfer by the Debtor to Administrative Agent or any Lender the Holder of any property of the Debtor should for any reason subsequently be declared to be void or voidable under any state, provincial 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 Administrative Agent or any Lender the 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 Administrative Agent or any Lender the Holder is required or elects to repay or restore, and as to all reasonable costs, expenses, and attorneys’ ' fees of Administrative Agent or any Lenderthe Holder related thereto, the Obligations shall liability of the Debtor 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 Borrower or any Borrower guarantor, or the transfer to Administrative Agent or any Lender of any property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any state, provincial 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 Administrative 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 Administrative Agent or any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and reasonable attorneys’ ' WEST\269892266.4 355157- 00016214 fees of Administrative Agent or any LenderLender related thereto, the Obligations shall liability of Borrower and such guarantor 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 Borrower or any Borrower guarantor, or the transfer to Administrative Agent or any Lender of any property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any state, provincial 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 Administrative 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 Administrative Agent or any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and reasonable attorneys’ ' fees of Administrative Agent or any Lender, Lender related thereto the Obligations shall liability of Borrower and such guarantor 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 Borrower or any Borrower guarantor of the Obligations or the transfer by either or both of such parties to Administrative Agent or any Lender Finova of any property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any state, provincial state or 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 Administrative Agent or any Lender Finova 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 Administrative Agent or any Lender Finova is required or elects to repay or restore, and as to all reasonable costs, expenses, expenses and attorneys’ attorneys fees of Administrative Agent or any LenderFinova related thereto, the Obligations shall liability of Borrower or such 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 any Borrower or any Guarantor, or the transfer to Administrative Agent or any Lender of any property should for any reason subsequently be declared asserted, or declared, to be void or voidable under any state, provincial 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 Administrative 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 Administrative Agent or any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, and reasonable attorneys’ fees of Administrative Agent or any Lender, Lender related thereto the Obligations shall liability of such Borrower and such Guarantor 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 Borrower or any Borrower guarantor of the Obligations or the transfer by either or both of such parties to Administrative Agent or any Lender of any property of either or both of such parties should for any reason subsequently be declared to be void or voidable under any state, provincial state or 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 Administrative 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 Administrative Agent or any Lender is required or elects to repay or restore, and as to all reasonable costs, expenses, expenses and attorneys’ attorneys fees of Administrative Agent or any LenderLender related thereto, the Obligations shall liability of Borrower or such guarantor automatically shall be revived, reinstated, reinstated and restored and shall exist as though such Voidable Transfer had never been made.