Common use of Termination of Performance Undertaking Clause in Contracts

Termination of Performance Undertaking. Performance Guarantor's obligations hereunder shall continue in full force and effect until all Aggregate Unpaids (as defined in the Purchase Agreement) are finally paid and satisfied in full and the Purchase Agreement is terminated, PROVIDED THAT this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, or reorganization of any of the Originators or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not Recipient (or its assigns) is in possession of this Undertaking. No invalidity, irregularity or unenforceability by reason of the federal bankruptcy code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect, be a defense to or claim against the obligations of Performance Guarantor under this Undertaking.

Appears in 2 contracts

Samples: Performance Undertaking (RPM Inc/Oh/), RPM International Inc/De/

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Termination of Performance Undertaking. Performance GuarantorProvider's obligations hereunder shall continue in full force and effect until all Aggregate Unpaids (as defined in the Purchase Agreement) Obligations are finally indefeasibly paid and satisfied in full and the Operating Agreement, the Receivables Purchase Agreement, the Transfer and Servicing Agreement and the Note Purchase Agreement is are terminated, PROVIDED THAT provided, that this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, insolvency or reorganization of any of the Originators Bank, NCI or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not Recipient (or its assigns) is in possession of this Undertaking. No invalidity, irregularity or unenforceability by reason of the federal bankruptcy code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect, be a defense to or claim against the obligations of Performance Guarantor Provider under this Undertaking.

Appears in 1 contract

Samples: Nordstrom Inc

Termination of Performance Undertaking. Performance Guarantor's ’s obligations hereunder shall continue in full force and effect until all Aggregate Unpaids Capital (as defined in the Purchase Agreement) ), all Discount, CP Costs, Indemnified Amounts and other amounts due and owing under the Purchase Agreement are finally paid and satisfied in full and the Purchase Agreement is terminated, PROVIDED THAT provided that this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, or reorganization of any of the Originators or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not Recipient (or its permitted assigns) is in possession of this Undertaking. No invalidity, irregularity or unenforceability by reason of the federal bankruptcy code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect, be a defense to or claim against the obligations of Performance Guarantor under this Undertaking.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Yrc Worldwide Inc)

Termination of Performance Undertaking. Performance Guarantor's ’s obligations hereunder shall continue in full force and effect until the Outstanding Balance of all Aggregate Unpaids (as defined in the Purchase Agreement) Eligible Receivables are finally paid and satisfied in full and the Facility Termination Date has occurred under the Receivables Purchase Agreement is terminatedAgreement, PROVIDED THAT provided that this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, or reorganization of any of the Originators Originator or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not Recipient (or its assigns) is in possession of this Undertaking. No invalidity, irregularity or unenforceability by reason of the federal bankruptcy code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect, be a defense to or claim against the obligations of Performance Guarantor under this Undertaking.

Appears in 1 contract

Samples: Performance Undertaking (United Rentals Inc /De)

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Termination of Performance Undertaking. Performance Guarantor's ’s obligations hereunder shall continue in full force and effect until the Outstanding Balance of all Aggregate Unpaids (as defined in the Purchase Agreement) Eligible Receivables are finally paid and satisfied in full and the Facility Termination Date has occurred under the Receivables Purchase Agreement is terminatedAgreement, PROVIDED THAT provided that this Undertaking shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency, or reorganization of any of the Originators Originator or otherwise, as though such payment had not been made or other satisfaction occurred, whether or not Recipient (or its assigns) is in possession of this Undertaking. No invalidity, irregularity or unenforceability by reason of the federal bankruptcy code or any insolvency or other similar law, or any law or order of any government or agency thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect, be a defense to or claim against the obligations of Performance Guarantor under this Undertaking.

Appears in 1 contract

Samples: Performance Undertaking (United Rentals North America Inc)

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