Common use of TERMINATION; RECOVERY CLAIM Clause in Contracts

TERMINATION; RECOVERY CLAIM. This Agreement shall terminate after the Obligations are paid in full (other than contingent indemnification obligations) and the Loan Agreement is terminated in accordance with its terms. Upon the termination of this Agreement, or as otherwise provided in the Loan Agreement, the Pledgee, at the request of the Pledgor and at the cost and expense of the Pledgor, will promptly execute and deliver to the Pledgor the proper instruments acknowledging the termination of this Agreement and the security interest and lien on the Pledged Collateral created hereby and will duly assign, transfer and deliver to the Pledgor or to whomsoever shall be lawfully entitled to receive the same (without recourse and without any representation or warranty of any kind) such of the Pledged Collateral as may be in the possession of the Pledgee and has not theretofore been sold or otherwise applied or released pursuant to this Agreement. Should a claim ("Recovery Claim") be made upon the Pledgee or any or all of the Bank Product Providers at any time for recovery of any amount received by the Pledgee or any or all of the Bank Product Providers in payment of the Obligations (whether received from Pledgor or otherwise) and should the Pledgee or any or all of the Bank Product Providers repay all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over the Pledgee or any or all of the Bank Product Providers or any of their respective property; or (b) any settlement or compromise of any such Recovery Claim effected by the Pledgee or any or all of the Bank Product Providers with the claimant (including, without limitation, Pledgor), this Agreement and the security interests granted to the Pledgee for the benefit of the Pledgee and the Bank Product Providers hereunder shall continue in effect with respect to the amount so repaid to the same extent as if such amount had never originally been received by the Pledgee or any or all of the Bank Product Providers, notwithstanding any prior termination of this Agreement, the return of this Agreement to the Pledgor, or the cancellation of any note or other instrument evidencing the Obligations.

TERMINATION; RECOVERY CLAIM. This Agreement shall terminate after the Obligations are paid in full (other than contingent indemnification obligations) and or the Loan Agreement is terminated in accordance with its termsDefeasance thereof. Upon the termination of this Agreement, or as otherwise provided in the Loan AgreementIndenture, the Pledgee, at the request of the any applicable Pledgor and at the cost and expense of the such Pledgor, will promptly execute and deliver to the such Pledgor the proper instruments acknowledging the termination of this Agreement and the security interest and lien on the Pledged Collateral created hereby and will duly assign, transfer and deliver to the such Pledgor or to whomsoever shall be lawfully entitled to receive the same (without recourse and without any representation or warranty of any kind) such of the Pledged Collateral and Excluded Capital Stock as may be in the possession of the Pledgee and has not theretofore been sold or otherwise applied or released pursuant to this Agreement. Should a claim ("Recovery Claim") be made upon the Pledgee or any or all of the Bank Product Providers other Secured Parties at any time for recovery of any amount received by the Pledgee or any or all of the Bank Product Providers other Secured Parties in payment of the Obligations (whether received from such Pledgor or otherwise) and should the Pledgee or any or all of the Bank Product Providers other Secured Parties repay all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over the Pledgee or any or all of the Bank Product Providers other Secured Parties or any of their respective property; or (b) any settlement or compromise of any such Recovery Claim effected by the Pledgee or any or all of the Bank Product Providers other Secured Parties with the claimant (including, without limitation, such Pledgor), this Agreement and the security interests granted to the Pledgee for the benefit of the Pledgee and the Bank Product Providers other Secured Parties hereunder shall continue in effect with respect to the amount so repaid to the same extent as if such amount had never originally been received by the Pledgee or any or all of the Bank Product Providersother Secured Parties, notwithstanding any prior termination of this Agreement, the return of this Agreement to the such Pledgor, or the cancellation of any note or other instrument evidencing the Obligations.

TERMINATION; RECOVERY CLAIM. This Agreement shall terminate after the Secured Obligations are indefeasibly paid in full (other than contingent indemnification obligations) and the Loan Credit Agreement is terminated in accordance with its terms. Upon the termination of this Agreement, or as otherwise provided in the Loan Credit Agreement, the Pledgee, at the request of the Pledgor and at the cost and expense of the Pledgor, will promptly execute and deliver to the Pledgor the proper instruments acknowledging the termination of this Agreement and the security interest and lien on the Pledged Collateral created hereby and will duly assign, transfer and deliver to the Pledgor or to whomsoever shall be lawfully entitled to receive the same (without recourse and without any representation or warranty of any kind) such of the Pledged Collateral as may be in the possession of the Pledgee and has not theretofore been sold or otherwise applied or released pursuant to this Agreement. Should a claim ("Recovery Claim") be made upon the Pledgee or any or all of the Bank Product Providers at any time for recovery of any amount received by the Pledgee or any or all of the Bank Product Providers in payment of the Secured Obligations (whether received from Pledgor or otherwise) and should the Pledgee or any or all of the Bank Product Providers repay all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over the Pledgee or any or all of the Bank Product Providers or any of their respective property; or (b) any settlement or compromise of any such Recovery Claim effected by the Pledgee or any or all of the Bank Product Providers with the claimant (including, without limitation, Pledgor), this Agreement and the security interests granted to the Pledgee for the benefit of the Pledgee and the Bank Product Providers hereunder shall continue in effect with respect to the amount so repaid to the same extent as if such amount had never originally been received by the Pledgee or any or all of the Bank Product Providers, notwithstanding any prior termination of this Agreement, the return of this Agreement to the Pledgor, or the cancellation of any note or other instrument evidencing the Secured Obligations.

TERMINATION; RECOVERY CLAIM. This Agreement shall terminate after the Obligations are paid in full (other than contingent indemnification obligations) and the Loan Agreement is terminated in accordance with its terms). Upon the termination of this Agreement, or as otherwise provided in the Loan Agreement, the Pledgee, at the request of the any applicable Pledgor and at the cost and expense of the such Pledgor, will promptly execute and deliver to the such Pledgor the proper instruments acknowledging the termination of this Agreement and the security interest and lien on the Pledged Collateral created hereby and will duly assign, transfer and deliver to the such Pledgor or to whomsoever shall be lawfully entitled to receive the same (without recourse and without any representation or warranty of any kind) such of the Pledged Collateral as may be in the possession of the Pledgee and has not theretofore been sold or otherwise applied or released pursuant to this Agreement. Should a claim ("Recovery ClaimRECOVERY CLAIM") be made upon the Pledgee or any or all of the Bank Product Providers other Secured Parties at any time for recovery of any amount received by the Pledgee or any or all of the Bank Product Providers other Secured Parties in payment of the Obligations (whether received from by such Pledgor or otherwise) and should the Pledgee or any or all of the Bank Product Providers other Secured Parties repay all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over the Pledgee or any or all of the Bank Product Providers other Secured Parties or any of their respective property; or (b) any settlement or compromise of any such Recovery Claim effected by the Pledgee or any or all of the Bank Product Providers other Secured Parties with the claimant (including, without limitation, such Pledgor), this Agreement and the security interests granted to the Pledgee for the benefit of the Pledgee and the Bank Product Providers other Secured Parties hereunder shall continue in effect with respect to the amount so repaid to the same extent as if such amount had never originally been received by the Pledgee or any or all of the Bank Product Providersother Secured Parties, notwithstanding any prior termination of this Agreement, the return of this Agreement to the such Pledgor, or the cancellation of any note or other instrument evidencing the Obligations.

TERMINATION; RECOVERY CLAIM. This Agreement shall terminate after the Secured Obligations are indefeasibly paid in full (other than contingent indemnification obligations) and the Loan Credit Agreement is terminated in accordance with its terms. Notwithstanding the foregoing, immediately prior to the Infocrossing Stock Sale, the Pledgee agrees to release its pledge in that portion of the Pledged Collateral constituting the Infocrossing Stock in order to permit the Pledgor to consummate such transaction subject in all respects to the terms and provisions contained in the Credit Agreement. Upon the termination of this Agreement, or as otherwise provided in the Loan Credit Agreement, the Pledgee, at the request of the Pledgor and at the cost and expense of the Pledgor, will promptly execute and deliver to the Pledgor the proper instruments acknowledging the termination of this Agreement and the security interest and lien on the Pledged Collateral created hereby and will duly assign, transfer and deliver to the Pledgor or to whomsoever shall be lawfully entitled to receive the same (without recourse and without any representation or warranty of any kind) such of the Pledged Collateral as may be in the possession of the Pledgee and has not theretofore been sold or otherwise applied or released pursuant to this Agreement. Should a claim ("Recovery Claim") be made upon the Pledgee or any or all of the Bank Product Providers at any time for recovery of any amount received by the Pledgee or any or all of the Bank Product Providers in payment of the Secured Obligations (whether received from Pledgor or otherwise) and should the Pledgee or any or all of the Bank Product Providers repay all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over the Pledgee or any or all of the Bank Product Providers or any of their respective property; or (b) any settlement or compromise of any such Recovery Claim effected by the Pledgee or any or all of the Bank Product Providers with the claimant (including, without limitation, Pledgor), this Agreement and the security interests granted to the Pledgee for the benefit of the Pledgee and the Bank Product Providers hereunder shall continue in effect with respect to the amount so repaid to the same extent as if such amount had never originally been received by the Pledgee or any or all of the Bank Product Providers, notwithstanding any prior termination of this Agreement, the return of this Agreement to the Pledgor, or the cancellation of any note or other instrument evidencing the Secured Obligations.

TERMINATION; RECOVERY CLAIM. This Agreement shall terminate after the Obligations Secured Liabilities are indefeasibly paid in full (other than contingent indemnification obligations) and the Loan Agreement is terminated in accordance with its terms. Notwithstanding the foregoing, immediately prior to the Infocrossing Stock Sale, the Pledgee agrees to release its pledge in that portion of the Pledged Collateral constituting the Infocrossing Stock in order to permit the Pledgor to consummate such transaction subject in all respects to the terms and provisions contained in the Loan Agreement. Upon the termination of this Agreement, or as otherwise provided in the Loan Agreement, the Pledgee, at the request of the Pledgor and at the cost and expense of the Pledgor, will promptly execute and deliver to the Pledgor the proper instruments acknowledging the termination of this Agreement and the security interest and lien on the Pledged Collateral created hereby and will duly assign, transfer and deliver to the Pledgor or to whomsoever shall be lawfully entitled to receive the same (without recourse and without any representation or warranty of any kind) such of the Pledged Collateral as may be in the possession of the Pledgee and has not theretofore been sold or otherwise applied or released pursuant to this Agreement. Should a claim ("“Recovery Claim"”) be made upon the Pledgee or any or all of the Bank Product Providers Lenders at any time for recovery of any amount received by the Pledgee or any or all of the Bank Product Providers Lenders in payment of the Obligations Secured Liabilities (whether received from Pledgor or otherwise) and should the Pledgee or any or all of the Bank Product Providers Lenders repay all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over the Pledgee or any or all of the Bank Product Providers Lenders or any of their respective property; or (b) any settlement or compromise of any such Recovery Claim effected by the Pledgee or any or all of the Bank Product Providers Lenders with the claimant (including, without limitation, Pledgor), this Agreement and the security interests granted to the Pledgee for the benefit of the Pledgee and the Bank Product Providers Lenders hereunder shall continue in effect with respect to the amount so repaid to the same extent as if such amount had never originally been received by the Pledgee or any or all of the Bank Product ProvidersLenders, notwithstanding any prior termination of this Agreement, the return of this Agreement to the Pledgor, or the cancellation of any note or other instrument evidencing the ObligationsSecured Liabilities.

TERMINATION; RECOVERY CLAIM. This Agreement shall terminate after the Obligations are paid in full (other than contingent indemnification obligations) and or the Loan Agreement is terminated in accordance with its termsCollateral Release Event shall have occurred. Upon the termination of this Agreement, or as otherwise provided in the Loan AgreementIndenture, the Pledgee, at the request of the any applicable Pledgor and at the cost and expense of the such Pledgor, will promptly execute and deliver to the such Pledgor the proper instruments acknowledging the termination of this Agreement and the security interest and lien on the Pledged Collateral created hereby and will duly assign, transfer and deliver to the such Pledgor or to whomsoever shall be lawfully entitled to receive the same (without recourse and without any representation or warranty of any kind) such of the Pledged Collateral as may be in the possession of the Pledgee and has not theretofore been sold or otherwise applied or released pursuant to this Agreement. Should a claim ("Recovery ClaimRECOVERY CLAIM") be made upon the Pledgee or any or all of the Bank Product Providers other Secured Parties at any time for recovery of any amount received by the Pledgee or any or all of the Bank Product Providers other Secured Parties in payment of the Obligations (whether received from such Pledgor or otherwise) and should the Pledgee or any or all of the Bank Product Providers other Secured Parties repay all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over the Pledgee or any or all of the Bank Product Providers other Secured Parties or any of their respective property; or (b) any settlement or compromise of any such Recovery Claim effected by the Pledgee or any or all of the Bank Product Providers other Secured Parties with the claimant (including, without limitation, such Pledgor), this Agreement and the security interests granted to the Pledgee for the benefit of the Pledgee and the Bank Product Providers other Secured Parties hereunder shall continue in effect with respect to the amount so repaid to the same extent as if such amount had never originally been received by the Pledgee or any or all of the Bank Product Providersother Secured Parties, notwithstanding any prior termination of this Agreement, the return of this Agreement to the such Pledgor, or the cancellation of any note or other instrument evidencing the Obligations.