Common use of Settlement Conditional Clause in Contracts

Settlement Conditional. Any settlement or discharge between a Guarantor and any of the Finance Parties shall be conditional upon no security or payment to any Finance Party by an Obligor or any other person on behalf of an Obligor being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, each Finance Party shall be entitled to recover the value or amount of such security or payment from such Guarantor subsequently as if such settlement or discharge had not occurred.

Appears in 8 contracts

Samples: Credit Agreement (NTL Inc/De/), Credit Agreement (NTL Delaware Inc), Credit Agreement (NTL Inc)

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Settlement Conditional. Any settlement or discharge between a Guarantor any Obligor and any of the Finance Parties shall be conditional upon no security or payment to any Finance Party by an Obligor the Account Party or any other person on behalf of an Obligor the Account Party being avoided or reduced by virtue of any laws Laws relating to bankruptcy, insolvency, liquidation or similar laws Laws of general application and, if any such security or payment is so avoided or reduced, each Finance Party shall be entitled to recover the value or amount of such security or payment from such Guarantor the Account Party subsequently as if such settlement or discharge had not occurred.

Appears in 5 contracts

Samples: Letter of Credit Facility and Reimbursement Agreement (Xl Capital LTD), Letter of Credit Facility and Reimbursement Agreement (Xl Capital LTD), Letter of Credit Facility and Reimbursement Agreement (Xl Capital LTD)

Settlement Conditional. Any settlement or discharge between a Guarantor the Borrower and any of the Finance Parties shall be conditional upon no security or payment to any Finance Party by an Obligor the Borrower or any other person on behalf of an Obligor the Borrower being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, each Finance Party shall be entitled to recover the value or amount of such security or payment from such Guarantor the Borrower subsequently as if such settlement or discharge had not occurred.

Appears in 3 contracts

Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)

Settlement Conditional. Any settlement or discharge between a Guarantor an Obligor and any of the Finance Parties shall be conditional upon no security or payment to any Finance Party by an Obligor or any other person on behalf of an Obligor being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, each Finance Party shall be entitled to recover the value or amount of such security or payment from such Guarantor Obligor subsequently as if such settlement or discharge had not occurred.

Appears in 2 contracts

Samples: Loan Agreement (Getronics N V), Senior Credit Agreement (Transworld Healthcare Inc)

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Settlement Conditional. Any settlement or discharge between a the Guarantor and any of the Finance Parties Financing Party shall be conditional upon no security Security or payment to any Finance such Financing Party by an Obligor the Guarantor or any other person entity on behalf of an Obligor the Guarantor being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security Security or payment is so avoided or reduced, each Finance Financing Party shall be entitled to recover the value or amount of such security Security or payment from such the Guarantor subsequently as if such settlement or discharge had not occurred.

Appears in 1 contract

Samples: Guarantee Agreement (First Solar, Inc.)

Settlement Conditional. Any settlement or discharge between a Guarantor and any of the Finance Parties shall be conditional upon no security or payment to any Finance Party by an Obligor or any other person on behalf of an Obligor being avoided or reduced by virtue of any laws relating to bankruptcy, insolvency, liquidation or similar laws of general application and, if any such security or payment is so avoided or reduced, each Finance Party shall be entitled to recover the value or amount of such security or payment from such a Guarantor subsequently as if such settlement or discharge had not occurred.

Appears in 1 contract

Samples: Term Facility Agreement (Zindart LTD)

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