Revival. Borrower further agrees that to the extent Borrower makes a payment or payments to Lender, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 9 contracts
Samples: Secured Term Loan Agreement (Lm Funding America, Inc.), Loan and Security Agreement (Nutrition 21 Inc), Loan and Security Agreement (Vista 2000 Inc)
Revival. Each Borrower further agrees that to the extent any Borrower makes a payment or payments to Lender, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 4 contracts
Samples: Loan and Security Agreement (Ecoscience Corp/De), Revolving Credit and Security Agreement (Spar Group Inc), Revolving Credit and Security Agreement (Spar Group Inc)
Revival. Borrower further agrees that to the extent Borrower makes a payment or payments to LenderAgent, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 3 contracts
Samples: Accounts Receivable Management and Security Agreement (TMP Worldwide Inc), Accounts Receivable Management and Security Agreement (TMP Worldwide Inc), Accounts Receivable Management and Security Agreement (TMP Worldwide Inc)
Revival. Borrower further agrees that to the extent Borrower ------- makes a payment or payments to Lender, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 2 contracts
Samples: Loan and Security Agreement (Us Wats Inc), Accounts Receivable Management and Security Agreement (Renaissance Worldwide Inc)
Revival. Each Borrower further agrees that to the extent such Borrower makes a payment or payments to the Lender, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, or receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Frontline Communications Corp)
Revival. Each Borrower further agrees that to the extent any Borrower makes a payment or payments to LenderAccess Capital, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 1 contract
Samples: Loan and Security Agreement (Magnavision Corporation)
Revival. Borrower Borrowers further agrees agree that to the extent Borrower makes a payment or payments to Lender, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 1 contract
Revival. Borrower further agrees that to the extent Borrower makes a payment or payments to Lender, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other ocher party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 1 contract
Samples: Accounts Receivable Management and Security Agreement (World Airways Inc /De/)
Revival. Borrower further agrees that to To the extent Borrower makes a payment or payments to Lender, which payment or payments or the proceeds of any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or or required to be repaid to a trustee, receiver or any other party having requisite authority under the Bankruptcy Code or any bankruptcy actlaw, state or federal law, common law or equitable cause, then, to the extent of such payment or repaymentproceeds received, the obligation hereunder or part thereof intended to be satisfied shall be revived and continued continue in full force and effect effect, as if said such payment or proceeds had not been madereceived.
Appears in 1 contract
Revival. Borrower Borrowers further agrees that to the extent Borrower makes Borrowers make a payment or payments to Lender, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 1 contract
Samples: Accounts Receivable Management and Security Agreement (Precision Standard Inc)
Revival. Borrower further agrees that to the extent Borrower makes a ------- payment or payments to LenderAgent, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (World Wrestling Federation Entertainment Inc)
Revival. Borrower further agrees that to the extent Borrower makes a payment or payments to LenderLaurus, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to a trustee, receiver or any other party under any bankruptcy act, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the obligation or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made.
Appears in 1 contract
Samples: Security Agreement (Inyx Inc)