Common use of Revival Clause in Contracts

Revival. Each Guarantor agrees that, if any payment made by either Issuer or any other Person is applied to the Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security (if any) for the Guarantied Obligations are required to be returned by any Holder to either Issuer, its estate, trustee, receiver or any other Person, including, without limitation, any Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such Guarantor’s liability hereunder (and any Lien (if any) securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) securing such Guarantor’s liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any Guarantor in respect of the amount of such payment (or any Lien (if any) securing such obligation).

Appears in 1 contract

Samples: Guaranty Agreement (Worthington Industries Inc)

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Revival. Each Guarantor agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security (if any) for the Guarantied Obligations are required to be returned by any Holder Beneficiary to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any Guarantor, under any bankruptcy law, state state, provincial or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such Guarantor’s liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such Guarantor’s liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation).

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Davey Tree Expert Co)

Revival. Each The Holding Company Guarantor further agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Guaranteed Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security (if any) for given to a Holder to secure payment of the Guarantied Guaranteed Obligations are required to be returned by any Holder to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any the Holding Company Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such the Holding Company Guarantor’s 's liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty Holding Company Guarantee shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such Holding Company Guarantor’s 's liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty Holding Company Guarantee (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any the Holding Company Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation).

Appears in 1 contract

Samples: Guarantee Agreement (Black Box Corp)

Revival. Each Guarantor of the Guarantors agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Guaranteed Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security (if any) for the Guarantied Obligations are required to be returned by any Holder to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such each Guarantor’s liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such any Guarantor’s liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any such Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation).

Appears in 1 contract

Samples: Note Purchase Agreement (Wausau Paper Corp.)

Revival. Each Guarantor agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security (if any) for the Guarantied Obligations are required to be returned by Prudential or any Holder to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any such Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such Guarantor’s liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such Guarantor’s liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any such Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation).

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Spartan Motors Inc)

Revival. Each Guarantor agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security (if any) for the Guarantied Obligations are required to be returned by any Holder Noteholder to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such Guarantor’s 's liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such Guarantor’s 's liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any such Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation).

Appears in 1 contract

Samples: Note Purchase Agreement (Oil Dri Corporation of America)

Revival. Each Guarantor agrees that, if any payment made by either the Issuer or any other Person is applied to the Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security (if any) for the Guarantied Obligations are required to be returned by any Holder to either the Issuer, its estate, trustee, receiver or any other Person, including, without limitation, any Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such Guarantor’s liability hereunder (and any Lien (if any) securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) securing such Guarantor’s liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any Guarantor in respect of the amount of such payment (or any Lien (if any) securing such obligation).

Appears in 1 contract

Samples: Note Purchase and Exchange Agreement (Worthington Enterprises, Inc.)

Revival. Each Guarantor agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security (if any) for the Guarantied Obligations are required to be returned by any Holder Guaranty Beneficiary to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such Guarantor’s 's liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such Guarantor’s 's liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any such Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation).

Appears in 1 contract

Samples: Amended and Restated Note Purchase and Private Shelf Agreement (Oil-Dri Corp of America)

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Revival. Each Guarantor agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of Collateral or any other security (if any) for the Guarantied Obligations are required to be returned by any Holder to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such Guarantor’s liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such Guarantor’s liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation).

Appears in 1 contract

Samples: Note Purchase Agreement (Kapstone Paper & Packaging Corp)

Revival. Each Guarantor agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Guaranteed Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security (if any) for the Guarantied Obligations are required to be returned by any Holder to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such each Guarantor’s 's liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liabilityliabi1ity) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty Guarantee shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such Guarantor’s 's liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty Guarantee (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation).

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Manitowoc Co Inc)

Revival. Each Guarantor agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of Collateral or any other security (if any) for the Guarantied Obligations are required to be returned by Prudential or any Holder to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such Guarantor’s liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such Guarantor’s liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation).

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Steak & Shake Co)

Revival. Each Guarantor agrees that, if any payment made by either Issuer the Company or any other Person is applied to the Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of the Collateral or any other security (if any) for the Guarantied Obligations are required to be returned by Prudential, any Holder or the Collateral Agent to either Issuerthe Company, its estate, trustee, receiver or any other Person, including, without limitation, any such Guarantor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, such Guarantor’s liability hereunder (and any Lien (if any) lien, security interest or other collateral securing such liability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guaranty shall have been canceled or surrendered (and if any Lien (if any) lien, security interest or other collateral securing such Guarantor’s liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guaranty (and such Lien (if any)lien, security interest or other collateral) shall be reinstated and returned in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any such Guarantor in respect of the amount of such payment (or any Lien (if any) lien, security interest or other collateral securing such obligation). The provisions of this paragraph 2E shall survive termination of the covenants and agreements of each Guarantor contained in this Guaranty.

Appears in 1 contract

Samples: Private Shelf Agreement (Advanced Drainage Systems, Inc.)