Common use of Set Aside Clause in Contracts

Set Aside. To the extent that any payment by or on behalf of the Borrower is made to the Revolver Administrative Agent or any Lender, or the Revolver Administrative Agent or any Lender exercises its right of setoff, and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Revolver Administrative Agent or such Lender in its discretion) to be repaid to a trustee, receiver, or any other party, in connection with any proceeding or otherwise, then (a) to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such setoff had not occurred, and (b) each Lender severally agrees to pay to the Revolver Administrative Agent upon demand its applicable share of any amount so recovered from or repaid by the Revolver Administrative Agent, plus interest thereon from the date of such 136 demand to the date such payment is made at a rate per annum equal to the applicable Overnight Rate from time to time in effect.

Set Aside. To the extent that any payment by or on behalf of the Borrower Borrowers is made to the Revolver Administrative any Agent or any Lender, or the Revolver Administrative any Agent or any Lender exercises its right of setoff, and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Revolver Administrative such Agent or such Lender in its discretion) to be repaid to a trustee, receiver, receiver or any other party, in connection with any proceeding under any Debtor Relief Law or otherwise, then (a) to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall shall, to the fullest extent possible under provisions of applicable Law, be revived and continued in full force and effect as if such payment had not been made or such setoff had not occurred, and (b) each Lender severally agrees to pay to the Revolver Administrative Agent upon demand its applicable share of any amount so recovered from or repaid by the Revolver Administrative any Agent, plus interest thereon from the date of such 136 demand to the date such payment is made at a rate per annum equal to the applicable Overnight Federal Funds Rate from time to time in effect.

Set Aside. To the extent that any payment by or on behalf of the Borrower is made to the Revolver Administrative any Agent or any Lender, or the Revolver Administrative any Agent or any Lender exercises its right of setoff, and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Revolver Administrative such Agent or such Lender in its discretion) to be repaid to a trustee, receiver, receiver or any other party, in connection with any proceeding under any Debtor Relief Law or otherwise, then (a) to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall shall, to the fullest extent possible under provisions of applicable Law, be revived and continued in full force and effect as if such payment had not been made or such setoff had not occurred, occurred and (b) each Lender severally agrees to pay to the Revolver Administrative Agent upon demand its applicable share of any amount so recovered from or repaid by the Revolver Administrative any Agent, plus interest thereon from the date of such 136 demand to the date such payment is made at a rate per annum equal ​ ​ to the applicable Overnight Federal Funds Rate from time to time in effect, in the applicable currency of such recovery or payment.

Set Aside. To the extent that any payment by or on behalf of the Borrower is made to the Revolver Administrative Agent or any Lender, or the Revolver Administrative Agent or any Lender exercises its right of setoffsetoff (if any), and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Revolver Administrative Agent or such Lender in its discretion) to be repaid to a trustee, receiver, receiver or any other party, in connection with any proceeding under any Debtor Relief Law or otherwiseotherwise under Applicable Law, then (a) to the extent of such recovery, the obligation or part thereof originally intended to be satisfied shall be revived and continued in full force and effect as if such payment had not been made or such setoff had not occurred, and (b) each Lender severally agrees to pay to the Revolver Administrative Agent upon demand its applicable share (without duplication) of any amount so recovered from or repaid by the Revolver Administrative Agent, plus interest thereon from the date of such 136 demand to the date such payment is made at a rate per annum equal to the applicable Overnight Federal Funds Effective Rate from time to time in effect.