Revival of Liability. To the extent that any payment or payments made to Agent or Lenders under this Amendment, or any payment or proceeds of any property received by Agent or Lenders in the reduction of the amounts due under the Credit Agreement or with respect to any of the other Obligations are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, to a surety, or any other person liable for any of the obligations evidenced and/or secured by the Loan Documents, whether directly or indirectly, as a debtor-in-possession or to a receiver or any other person under any bankruptcy law, state or federal law, common law or equitable cause (collectively, the “Invalidated Payments”), then the portion of such indebtedness due under the Credit Agreement, as amended hereby, equal to the Invalidated Payments and the Liens given to secure the Obligations will be revived and will continue in full force and effect as if such payment or proceeds had never been received by Agent or Lenders.
Revival of Liability. (a) To the extent that any payment or payments made to Lender under this Agreement, the Loan Documents, or any conveyance of the Property or payment or proceeds of any Property received by Lender in the reduction of the indebtedness evidenced therein or with respect to any of the allocations evidenced by this Agreement or any related documents are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, to the Company, to a surety, or any other person liable for any of the obligations evidenced and/or secured by this Agreement, the Loan Documents, or any other related documents, whether directly or indirectly, as a debtor-in-possession or to a receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then the liens created by the Loan Documents against the Property and the portion of the indebtedness of the Company or such other liable person intended to have been satisfied by such payment or proceeds hereunder, will be revived and will continue in full force and effect as if such payment or proceeds had never been received by Lender.
Revival of Liability. If any payments or proceeds received by Lender under the Note, or under any other Loan Document, are subsequently invalidated, declared to be fraudulent or preferential, set aside, or required to be repaid to a trustee, to Borrower, directly or as a debtor-in-possession, to a receiver, or any other person, whether directly or indirectly, under any bankruptcy law, state or federal law, common law, or equitable cause, then Borrower’s obligation to make all such payments shall be revived and shall continue in full force and effect as if such payment or proceeds had never been received by Lender.
Revival of Liability. To the extent that any payment or payments made to LaSalle under this First Amendment, the Loan Agreement and the other Loan Documents, or any payment or proceeds of any collateral received by LaSalle in the reduction of the indebtedness evidenced therein or with respect to any of the allocations evidenced by this First Amendment or any related documents are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, to Borrower or any other person liable for any of the obligations evidenced and/or secured by this First Amendment or any other related documents, whether directly or indirectly, as a debtor-in-possession or to a receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then the portion of the indebtedness of Borrower evidenced hereby or such other liable person intended to have been satisfied by such payment or proceeds will be revived and will continue in full force and effect as if such payment or proceeds had never been received by LaSalle.
Revival of Liability. To the extent that any payment or payments made to Lender under this Agreement, the Transaction Documents, or any payment or proceeds of any collateral received by Lender in the reduction of the indebtedness evidenced therein or with respect to any of the allocations evidenced by this Agreement or any related documents are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, to Borrowers, Titan, Guarantor or any other person liable for any of the obligations evidenced and/or secured by this Agreement or any other related documents, whether directly or indirectly, as a debtor-in-possession or to a receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then the portion of the indebtedness of Borrowers, Titan or Guarantor evidenced hereby or such other liable person intended to have been satisfied by such payment or proceeds will be revived and will continue in full force and effect as if such payment or proceeds had never been received by Lender.
Revival of Liability. To the extent that any payment or payments made to the Trustee under this Agreement, the Financing Documents, Guaranty, or any payment or proceeds of any property received by Trustee in the reduction of the Indebtedness evidenced therein or with respect to any of the other obligations evidenced by this Agreement or any related documents are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, to any Lodgian Entity, to a surety, or any other person liable for any of the obligations evidenced and/or secured by this Agreement, the Financing Documents, Guaranty, or any other related documents, whether directly or indirectly, as a debtor-in-possession or to a receiver or any other person under any bankruptcy law, state or federal law, common law or equitable cause, then the portion of such Indebtedness or such other obligations of any Lodgian Entity and the liens, if any, given to secure the indebtedness or obligations evidenced thereby will be revived and will continue in full force and effect as if such payment or proceeds had never been received by Trustee.
Revival of Liability. If any payments or proceeds received by Lender are subsequently invalidated, declared to be fraudulent or preferential, set aside, or required to be repaid to a trustee, to Borrower (directly or as a debtor-in-possession), to a receiver, or any other person, whether directly or indirectly, under any bankruptcy law, state or federal law, common law, or equitable cause, then Borrower’s obligation to make all such payments shall be revived and shall continue in full force and effect as if such payment or proceeds had never been received by Lender.
Revival of Liability. To the extent any payment or payments made to the Lender, or any payment of proceeds from the sale of any property are received by Lender, in the reduction of the amounts due with respect to any of the obligations evidenced by this Agreement or under any of the obligations any Borrower owes the Lender are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, to a surety, or any other person liable for any of the obligations evidenced and/or secured by this agreement or under any of the obligations any Borrower owes the Lender, whether directly or indirectly, as a debtor-in-possession or to a receiver or any other person under any bankruptcy law, state or federal law, common law or equitable cause (collectively, the “Invalidated Payments”), then the portion of such indebtedness equal to the Invalidated Payments and the liens, if any, given to secure this agreement or any of the obligations each Borrowers owes the Lender will be revived and will continue in full force and effect as if such payment or proceeds had never been received by the Lender.
Revival of Liability. For the avoidance of doubt, amounts equal to any Intra-Group Creditor Turnover Receipts, Investor Turnover Receipts and Hedging Lender Turnover Receipts shall be treated as a Clawback and as such shall be reinstated pro tanto as Intra-Group Debt, Investor Debt or Hedging Debt (as the case may be). The Parent will fully indemnify each of the Hedging Lenders upon demand if (and to the extent that) any purported re-instatement of a Clawback as Hedging Debt contemplated by this clause 6.4 proves to be ineffective for any reason.
Revival of Liability. To the extent any payment or payments made to Lender under this Agreement, the Loan Documents, or any payment or proceeds of any collateral received by Lender in the reduction of the indebtedness evidenced therein or with respect to any of the allocations evidenced by this Agreement or any related documents are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, to a Borrower or any other person liable for any of the obligations evidenced and/or secured by this Agreement or any other related documents, whether directly or indirectly, as a debtor-in-possession or to a receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then the portion of the indebtedness of the Borrowers evidenced hereby or such other liable person intended to have been satisfied by such payment or proceeds will be revived and will continue in full force and effect as if such payment or proceeds had never been received by Lender.
