Example ContractsClausesmarshaling; payments set asideVariants
Marshaling; Payments Set Aside
Marshaling; Payments Set Aside contract clause examples

Marshaling; Payments Set Aside. None of Agent or Lenders shall be under any obligation to marshal any assets in favor of any Obligor or against any Obligations. If any payment by or on behalf of Borrowers is made to Agent or any Lender, or if Agent or any Lender exercises a right of setoff, and any of such payment or setoff is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by Agent or a Lender in its Permitted Discretion) to be repaid to a trustee, receiver or any other Person, then the Obligation originally intended to be satisfied, and all Liens, rights and remedies relating thereto, shall be revived and continued in full force and effect as if such payment or setoff had not occurred.

Marshaling; Payments Set Aside. None of Agent or Lenders shall be under any obligation to marshal any assets in favor of any Obligor or against any Obligations. If any payment by or on behalf of Borrowers is made to Agent or any Lender, or if Agent or any Lender exercises a right of setoff, and any of such payment or setoff is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by Agent or a Lender in its 1">Permitted Discretion)1">discretion) to be repaid to a trustee, receiver or any other Person, then the Obligation originally intended to be satisfied, and all Liens, rights and remedies relating thereto, shall be revived and continued in full force and effect as if such payment or setoff had not occurred.

Marshaling; Payments Set Aside. None of Agent or Lenders shall be under any obligation to marshal any assets in favor of any Obligor or against any Obligations. If any payment by or on behalf of Borrowers is made to Agent or any Lender, or if Agent or any Lender exercises a right of setoff, and any of such payment or setoff is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by Agent or a Lender in its 1">Permitted Discretion)1">discretion) to be repaid to a trustee, receiver or any other Person, then the Obligation originally intended to be satisfied, and all Liens, rights and remedies relating thereto, shall be revived and continued in full force and effect as if such payment or setoff had not occurred.

Marshaling; Payments Set Aside. None of Agent or Lenders shall be under any obligation to marshal any assets in favor of any Obligor or against any Obligations. If any payment by or on behalf of Borrowers is made to Agent or any Lender, or if Agent or any Lender exercises a right of setoff, and any of such payment or setoff is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by Agent or a Lender in its 1">Permitted Discretion)1">discretion) to be repaid to a trustee, receiver or any other Person, then the Obligation originally intended to be satisfied, and all Liens, rights and remedies relating thereto, shall be revived and continued in full force and effect as if such payment or setoff had not occurred.

Marshaling; Payments Set Aside. None of Agent or Lenders shall be under any obligation to marshal any assets in favor of any Obligor or against any Obligations. If any payment by or on behalf of 1">Borrowers1">Borrower is made to 3">Agent3">Agent, Issuing Bank or any Lender, or if 5">Agent5">Agent, Issuing Bank or any Lender exercises a right of setoff, and any of such payment or setoff is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by 7">Agent7">Agent, Issuing Bank or a Lender in its 9">Permitted Discretion)9">discretion) to be repaid to a trustee, receiver or any other Person, then the Obligation originally intended to be satisfied, and all Liens, rights and remedies relating thereto, shall be revived and continued in full force and effect as if such payment or setoff had not occurred.

Marshaling; Payments Set Aside. None of Agent or Lenders shall be under any obligation to marshal any assets in favor of any Obligor or against any Obligations. If any payment by or on behalf of Borrowers is made to 1">Agent1">Agent, Issuing Bank or any Lender, or if 3">Agent3">Agent, Issuing Bank or any Lender exercises a right of setoff, and any of such payment or setoff is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by 5">Agent5">Agent, Issuing Bank or a Lender in its 7">Permitted Discretion)7">discretion) to be repaid to a trustee, receiver or any other Person, then the Obligation originally intended to be satisfied, and all Liens, rights and remedies relating thereto, shall be revived and continued in full force and effect as if such payment or setoff had not occurred.

0">Marshaling;0">Section # Marshalling; Payments Set Aside. 2">None of2">Neither Agent 4">or Lenders4">nor any Lender shall be under any obligation to marshal any assets in 6">favor6">payment of any 8">Obligor or 10">against any10">all of the Obligations. 12">If12">To the extent that Borrowers make any payment 14">by or 16">on behalf of Borrowers is made to Agent 18">enforces its Liens or20"> any Lender, or if Agent or any Lender exercises 22">a22">its right of 24">setoff,24">set-off, and26"> any of such payment or 28">setoff28">the proceeds of such enforcement or set-off is subsequently invalidated, declared to be fraudulent or preferential, set 30">aside30">aside, or required32"> (including pursuant to any settlement entered into by Agent or a Lender in its Permitted Discretion) to be repaid 34">by anyone, then to 36">a trustee, receiver36">the extent of such recovery, the Obligations or 38">any other Person, then the Obligation38">part thereof originally intended to be satisfied, and all Liens, rights and remedies 40">relating thereto,40">therefor, shall be revived and continued in full force and effect as if such payment 42">had not been made or 44">setoff44">such enforcement or set-off had not occurred.

0">Marshaling;0">Section # Marshalling; Payments Set Aside. 2">None of2">Neither Agent 4">or Lenders4">nor any Lender shall be under any obligation to marshal any assets in 6">favor6">payment of any 8">Obligor or 10">against any10">all of the Obligations. 12">If12">To the extent that Borrower makes any payment 14">by or 16">on behalf of Borrowers is made to Agent 18">enforces its Liens or20"> any Lender, or if Agent or any Lender exercises 22">a22">its right of 24">setoff,24">set-off, and26"> any of such payment or 28">setoff28">the proceeds of such enforcement or set-off is subsequently invalidated, declared to be fraudulent or preferential, set 30">aside30">aside, or required32"> (including pursuant to any settlement entered into by Agent or a Lender in its Permitted Discretion) to be repaid 34">by anyone, then to 36">a trustee, receiver36">the extent of such recovery, the Obligations or 38">any other Person, then the Obligation38">part thereof originally intended to be satisfied, and all Liens, rights and remedies 40">relating thereto,40">therefor, shall be revived and continued in full force and effect as if such payment 42">had not been made or 44">setoff44">such enforcement or set-off had not occurred.

0">Marshaling;0">Section # Marshalling; Payments Set Aside. 2">None of2">Neither Agent 4">or Lenders4">nor any Lender shall be under any obligation to marshal any assets in 6">favor6">payment of any 8">Obligor or 10">against any10">all of the Obligations. 12">If12">To the extent that Borrower makes any payment 14">by or 16">on behalf of Borrowers is made to Agent 18">enforces its Liens or20"> any Lender, or if Agent or any Lender exercises 22">a22">its right of 24">setoff,24">set-off, and26"> any of such payment or 28">setoff28">the proceeds of such enforcement or set-off is subsequently invalidated, declared to be fraudulent or preferential, set 30">aside30">aside, or required32"> (including pursuant to any settlement entered into by Agent or a Lender in its Permitted Discretion) to be repaid 34">by anyone, then to 36">a trustee, receiver36">the extent of such recovery, the Obligations or 38">any other Person, then the Obligation38">part thereof originally intended to be satisfied, and all Liens, rights and remedies 40">relating thereto,40">therefor, shall be revived and continued in full force and effect as if such payment 42">had not been made or 44">setoff44">such enforcement or set-off had not occurred.

0">Marshaling;0">Section # Marshalling; Payments Set Aside. 2">None of2">Neither Agent 4">or Lenders4">nor any Lender shall be under any obligation to marshal any assets in 6">favor6">payment of any 8">Obligor or 10">against any10">all of the Obligations. 12">If12">To the extent that Borrower makes any payment 14">by or 16">on behalf of Borrowers is made to Agent 18">enforces its Liens or20"> any Lender, or if Agent or any Lender exercises 22">a22">its right of 24">setoff,24">set-off, and26"> any of such payment or 28">setoff28">the proceeds of such enforcement or set-off is subsequently invalidated, declared to be fraudulent or preferential, set 30">aside30">aside, or required32"> (including pursuant to any settlement entered into by Agent or a Lender in its Permitted Discretion) to be repaid 34">by anyone, then to 36">a trustee, receiver36">the extent of such recovery, the Obligations or 38">any other Person, then the Obligation38">part thereof originally intended to be satisfied, and all Liens, rights and remedies 40">relating thereto,40">therefor, shall be revived and continued in full force and effect as if such payment 42">had not been made or 44">setoff44">such enforcement or set-off had not occurred.

0">Marshaling;0">Section # Marshalling; Payments Set Aside. 2">None of2">Neither Agent 4">or Lenders4">nor any Lender shall be under any obligation to marshal any assets in 6">favor6">payment of any 8">Obligor or 10">against any10">all of the Obligations. 12">If12">To the extent that Borrower makes any payment 14">by or 16">on behalf of Borrowers is made to Agent 18">enforces its Liens or20"> any Lender, or if Agent or any Lender exercises 22">a22">its right of 24">setoff,24">set-off, and26"> any of such payment or 28">setoff28">the proceeds of such enforcement or set-off is subsequently invalidated, declared to be fraudulent or preferential, set 30">aside30">aside, or required32"> (including pursuant to any settlement entered into by Agent or a Lender in its Permitted Discretion) to be repaid 34">by anyone, then to 36">a trustee, receiver36">the extent of such recovery, the Obligations or 38">any other Person, then the Obligation38">part thereof originally intended to be satisfied, and all Liens, rights and remedies 40">relating thereto,40">therefor, shall be revived and continued in full force and effect as if such payment 42">had not been made or 44">setoff44">such enforcement or set-off had not occurred.

Next results

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.