Revival of Liabilities. To the extent that Lender receives any payment on account of the Liabilities, or any proceeds of the Collateral are applied on account of the Liabilities, and any such payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Lender to Borrower, its estate, trustee, receiver or any other party under the United States Bankruptcy Code or any similar federal, state or local law, statute or regulation, then, to the extent of such payment or proceeds received, the Liabilities shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender and applied on account of the Liabilities.
Appears in 3 contracts
Samples: Loan and Security Agreement (Better Choice Co Inc.), Loan and Security Agreement (Total Apparel Group , Inc.), Loan and Security Agreement (United American Healthcare Corp)
Revival of Liabilities. To the extent that Lender Agent receives any payment on account of the Liabilities, or any proceeds of the Collateral are applied on account of the Liabilities, and any such payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Lender Agent to Borrower, its estate, trustee, receiver or any other party under the United States Bankruptcy Code or any similar federal, state or local law, statute or regulation, then, to the extent of such payment or proceeds received, the Liabilities shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender Agent and applied on account of the Liabilities.
Appears in 2 contracts
Samples: Loan and Security Agreement (Agritech Worldwide, Inc.), Loan and Security Agreement (Agritech Worldwide, Inc.)
Revival of Liabilities. To the extent that Lender receives any payment on account of the Liabilities, or any proceeds of the Collateral are applied on account of the Liabilities, and any such payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Lender to any Borrower, its estate, trustee, receiver or any other party under the United States Bankruptcy Code or any similar federal, state or local law, statute or regulation, then, to the extent of such payment or proceeds received, the Liabilities shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender and applied on account of the Liabilities.
Appears in 1 contract
Samples: Loan and Security Agreement (Vita Food Products Inc)
Revival of Liabilities. To the extent that the Lender receives any payment on account of the Liabilities, or any proceeds of the Collateral are applied on account of the Liabilities, Borrower’s Liabilities and any such payment or payment(s) and/or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or aside, subordinated and/or required to be repaid by Lender to Borrower, its estate, a trustee, receiver or any other party Person under the United States Bankruptcy Code or any similar federalbankruptcy act, state or local federal law, statute common law or regulationequitable cause, then, to the extent those of such payment payment(s) or proceeds received, the Borrower’s Liabilities or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or payment(s) and/or proceeds had not been received by the Lender and applied on account of the Borrower’s Liabilities.
Appears in 1 contract
Samples: Loan Agreement (Gold Banc Corp Inc)
Revival of Liabilities. To the extent that Lender the Bank receives any payment on account of the Liabilities, or any proceeds of the Collateral are applied on account of the Liabilities, and any such payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by Lender the Bank to any Borrower, its estate, trustee, receiver or any other party under the United States Bankruptcy Code or any similar federal, state or local law, statute or regulation, then, to the extent of such payment or proceeds received, the Liabilities shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender the Bank and applied on account of the Liabilities.
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