Revival Clause. If the incurring of any debt by Borrower or the payment of any money or transfer of property to Lender by or on behalf of Borrower should for any reason subsequently be determined to be “voidable” or “avoidable” in whole or in part within the meaning of any state or federal law (collectively “voidable transfers”), including, without limitation, fraudulent conveyances or preferential transfers under the United States Bankruptcy Code or any other federal or state law, and Lender is required to repay or restore any voidable transfers or the amount or any portion thereof, or upon the advice of Lender’s counsel is advised to do so, then, as to any such amount or property repaid or restored, including all reasonable costs, expenses, and attorneys fees of Lender related thereto, the liability of Borrower shall automatically be revived, reinstated and restored and shall exist as though the voidable transfers had never been made.
Revival Clause. If any of the payments of money or transfers of property made to Bank by Borrower hereunder or under the Note should for any reason subsequently be declared to be “fraudulent” or a “voidable preference” within the meaning of any state or federal law relating to fraudulent conveyances, preferential, or otherwise voidable or recoverable, in whole or in part, for any reason, under the Bankruptcy Code or any other federal or state law (collectively referred to herein as "Voidable Transfers"), and Bank is required to repay or restore the amount of any such Voidable Transfers, or any portion thereof, then, as to the amount repaid or restored pursuant to any such Voidable Transfer (including all costs, expenses and attorneys' fees of Bank related thereto, including, without limitation, relief from stay or similar proceedings), the liability of Borrower shall automatically be revived, reinstated and restored in such amount or amounts, and shall exist as though such Voidable Transfer had never been made to Bank. Nothing set forth herein is an admission that any such Voidable Transfer has occurred. Borrower expressly acknowledges that Bank may rely upon advice of counsel, and if so advised by counsel, may settle, without defending, any action to avoid any alleged Voidable Transfer, and that upon settlement, Borrower shall again be liable for any deficiency resulting from such settlement as provided in this Section.
Revival Clause. If the incurring of any debt by Client or Guarantor or the payment of any money or transfer of property to Summit by or on behalf of Client, Guarantor, or any other party, should for any reason subsequently be determined to be “voidable” or “avoidable” in whole or in part within the meaning of any state or federal law (collectively “voidable transfers”), including, without limitation, fraudulent conveyances or preferential transfers under the United States Bankruptcy Code or any other federal or state law, and Summit is required to repay or restore any voidable transfers or the amount or any portion thereof, or upon the advice of Summit’s counsel is advised to do so, then, as to any such amount or property repaid or restored, including all reasonable costs, expenses, and attorneys fees of Summit related thereto, the liability of Guarantor shall automatically be revived, reinstated and restored and shall exist as though the voidable transfers had never been made.
Revival Clause. If the incurring of any debt by Borrower or the payment of any money or transfer of property to Lender by or on behalf of Borrower, Guarantor, or any other party should for any reason subsequently be determined to be “voidable” or “avoidable” in whole or in part within the meaning of any state or federal law (collectively “voidable transfers”), including, without limitation, fraudulent conveyances or preferential transfers under the United States Bankruptcy Code or any other federal or state law, and Lender is required to repay or restore any voidable transfers or the amount or any portion thereof, or upon the advice of Lender’s counsel is advised to do so, then, as to any such amount or property repaid or restored, including all reasonable costs, expenses, and attorneys fees of Lender related thereto, the liability of Guarantor shall automatically be revived, reinstated and restored and shall exist as though the voidable transfers had never been made.
Revival Clause. If the incurring of any debt, the payment of money or transfer of property under the Existing Facilities or the Restructure Loan Documents made to Restructure Agent or any Restructure Lender by or on behalf of the Borrower should for any reason, in whole or in part, subsequently be declared to be "fraudulent" or preferential or otherwise be recoverable (collectively, "Voidable Transfers") within the meaning of any state or federal law governing creditors' rights including the Bankruptcy Code, and Restructure Agent or any Restructure Lender is required to repay or restore any such Voidable Transfers or portion thereof or, upon the advice of its counsel is advised to do so, then, as to any such Voidable Transfer or the amount repaid or restored (including all reasonable costs, expenses and attorneys' fees of Restructure Agent and Restructure Lender related thereto), the liability of the Borrower under the applicable facility shall automatically be revived, reinstated and restored as though such Voidable Transfer had never been made.
Revival Clause. 46 SECTION 12.14 RELEASE OF ALL CLAIMS.............................................................46 SECTION 12.15
Revival Clause. If the incurring of any debt or the payment of money or transfer of property made to Trade Bank by or on behalf of STM should for any reason subsequently be declared to be "fraudulent" or "preferential" within the meaning of any state or federal law relating to creditor's rights, including, without limitation, fraudulent conveyances, preferences or otherwise voidable or recoverable payments of money or transfers of property, in whole or in part, for any reason (collectively, "Voidable Transfers") under the Bankruptcy Code or any other federal or state law, and Trade Bank is required to repay or restore any such Voidable Transfer or the amount or any portion thereof, or upon the advice of its in-house counsel or outside counsel is advised to do so, then, as to such Voidable Transfer or the amount repaid or restored (including all reasonable costs, expenses and attorneys' fees of Trade Bank related thereto), the liability of STM under the Loan Documents and this Forbearance Agreement, and all of Trade Bank's rights and remedies under the Loan Documents, this Forbearance Agreement and the Forbearance Documents shall automatically be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made to the extent of any harm to Trade Bank.
Revival Clause. If the incurring of any debt by Borrower or Agent or the payment of any money or transfer of property to Lenders by or on behalf of GTIM should for any reason subsequently be determined to be "voidable" or "avoidable" in whole or in part within the meaning of any state or federal law (collectively "voidable transfers"), including, without limitation, fraudulent conveyances or preferential transfers under the United States Bankruptcy Code or any other federal or state law, and any Lender is required to repay or restore any voidable transfers or the amount or any portion thereof, or upon the advice of Lender's counsel is advised to do so, then, any such amount or property repaid or restored, including all reasonable costs, expenses, and attorneys fees related thereto, shall be promptly reimbursed to Lender by the other Lender based upon the portion of such amount which was paid to each of the Lenders, and the liability of GTIM for such amount shall automatically be revived, reinstated, and restored and shall exist as though the voidable transfers had never been made.
Revival Clause. If the incurrence of any debt or the payment of money or transfer of property made to or for the benefit of either Creditor by Company should for any reason subsequently be declared to be "fraudulent" or "preferential" within the meaning of any state or federal law relating to creditors' rights, including, without limitation, fraudulent conveyances, preferences or otherwise voidable or recoverable payments of money or transfers of property, in whole or in part, for any reason (collectively, "Voidable Transfers") under the U.S. Bankruptcy Code or any other federal or state law, and such Creditor is required to repay or restore any such Voidable Transfer or the amount or any portion thereof, or upon the advice of their in-house or outside counsel are advised to do so, then, as to such Voidable Transfer or the amount repaid or restored (including all reasonable costs, expenses and attorneys' fees of such Creditor related thereto), the obligations of Company under the Debt Documents of such Creditor and this Agreement, and all of such Creditor's rights and remedies under its Debt Documents and this Agreement shall automatically be revived, reinstated and restored and shall exist as though such Voidable Transfer had never been made, to the extent of any harm to such Creditor.
Revival Clause. If the incurring of any debt by Client or the payment of any money or transfer of property to Summit by or on behalf of Client (including collection of any Account) should for any reason subsequently be determined to be “voidable” or “avoidable” in whole or in part within the meaning of any state or federal law (collectively “voidable transfers”), including, without limitation, fraudulent conveyances or preferential transfers under the United States Bankruptcy Code or any other federal or state law, and Summit is required to repay or restore any voidable transfers or the amount or any portion thereof, or upon the advice of counsel for Summit is advised to do so, then, as to any such amount or property repaid or restored, including all reasonable costs, expenses, and attorneys fees of Summit related thereto, the liability of Client shall automatically be revived, reinstated and restored and shall exist as though the voidable transfers had never been made.
