Revival. Each Guarantor agrees that, if any payment made by the Company or any other Person is applied to the Guaranteed Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any security are required to be returned by any Holder to the 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, each Guarantor's liability hereunder (and any lien, security interest or other collateral securing such liabi1ity) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guarantee shall have been canceled or surrendered (and 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 Guarantee (and such 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, 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 the Company or any other Person is applied to the Guaranteed Guarantied Obligations and is at any time annulled, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of Collateral or any other security are required to be returned by any Holder to the 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, each such Guarantor's ’s liability hereunder (and any lien, security interest or other collateral securing such liabi1ityliability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guarantee Guaranty shall have been canceled or surrendered (and 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 Guarantee Guaranty (and such 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, 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 the Company or any other Person is applied to the Guaranteed 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 are required to be returned by Prudential or any Holder to the 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, each such Guarantor's ’s liability hereunder (and any lien, security interest or other collateral securing such liabi1ityliability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guarantee Guaranty shall have been canceled or surrendered (and 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 Guarantee Guaranty (and such 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, 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 of the Guarantors agrees that, if any payment made by the Company or any other Person is applied to the 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 are required to be returned by any Holder to the 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, each Guarantor's ’s liability hereunder (and any lien, security interest or other collateral securing such liabi1ityliability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guarantee Guaranty shall have been canceled or surrendered (and if any lien, security interest or other collateral securing such any Guarantor's ’s liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), this Guarantee Guaranty (and such 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, security interest or other collateral securing such obligation).
Appears in 1 contract
Revival. Each Guarantor agrees that, if any payment made by the Company or any other Person is applied to the Guaranteed 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 are required to be returned by Prudential or any Holder to the 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, each such Guarantor's ’s liability hereunder (and any lien, security interest or other collateral securing such liabi1ityliability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guarantee Guaranty shall have been canceled or surrendered (and 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 Guarantee Guaranty (and such 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, 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 the Company or any other Person is applied to the Guaranteed 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 are required to be returned by any Holder Beneficiary to the 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, each such Guarantor's ’s liability hereunder (and any lien, security interest or other collateral securing such liabi1ityliability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guarantee Guaranty shall have been canceled or surrendered (and 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 Guarantee Guaranty (and such 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, 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 Guarantor agrees that, if any payment made by the Company or any other Person is applied to the Guaranteed 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 are required to be returned by any Holder Noteholder to the 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, each such Guarantor's liability hereunder (and any lien, security interest or other collateral securing such liabi1ityliability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guarantee Guaranty shall have been canceled or surrendered (and 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 Guarantee Guaranty (and such 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, 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 the Company or any other Person is applied to the Guaranteed 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 are required to be returned by any Holder Guaranty Beneficiary to the 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, each such Guarantor's liability hereunder (and any lien, security interest or other collateral securing such liabi1ityliability) shall be and remain in full force and effect, as fully as if such payment had never been made, or, if prior thereto this Guarantee Guaranty shall have been canceled or surrendered (and 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 Guarantee Guaranty (and such 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, 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)