Common use of Term; Reinstatement Clause in Contracts

Term; Reinstatement. This Agreement shall remain effective until the Senior Discharge Date. If, after the Senior Discharge Date, Lenders must disgorge any payments made on the Senior Debt for any reason (including, without limitation, the bankruptcy of Borrower), this Agreement and the relative rights and priorities provided in it, will be reinstated as to all disgorged payments as though such payments had not been made, and WCAS will immediately pay Lenders all payments received in respect of the Subordinated Debt to the extent such payments or retention thereof would have been prohibited under this Agreement.

Appears in 9 contracts

Samples: Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.), Loan Agreement (Valeritas Holdings Inc.)

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Term; Reinstatement. This Agreement shall remain effective until the Senior Discharge Date. If, after the Senior Discharge Date, Lenders must disgorge any payments made on the Senior Debt for any reason (including, without limitation, the bankruptcy of Borrower), this Agreement and the relative rights and priorities provided in it, will be reinstated as to all disgorged payments as though such the payments had not been made, and WCAS [Subordinated Lender] will immediately pay Lenders all payments received in respect of under the Subordinated Debt to the extent such the payments or retention thereof would have been prohibited under this Agreement.

Appears in 3 contracts

Samples: Loan Agreement (Exagen Diagnostics Inc), Loan Agreement (Exagen Diagnostics Inc), Loan Agreement (Exagen Diagnostics Inc)

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Term; Reinstatement. This Agreement shall remain effective until the Senior Discharge Date. If, after the Senior Discharge Date, Senior Lenders must disgorge any payments made on the Senior Debt for any reason (including, without limitation, the bankruptcy of Borrower), this Agreement and the relative rights and priorities provided in it, will be reinstated as to all disgorged payments as though such the payments had not been made, and WCAS Subordinated Creditor will immediately pay Senior Lenders all payments received in respect of under the Subordinated Debt to the extent such the payments or retention thereof would have been prohibited under this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Nevro Corp)

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