Bankruptcy No Discharge; Repayments. So long as any of the Guaranteed Obligation guaranteed hereunder shall be owing to Lender, Guarantor shall not, without the prior written consent of Lender, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Borrower. Guarantor understands and acknowledges that by virtue of this Guaranty, he has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Borrower. As an example and not in any way of limitation, a subsequent modification of the Guaranteed Obligation in any reorganization case concerning Borrower shall not affect the obligation of Guarantor to pay and perform the Guaranteed Obligation in accordance with their respective original terms. If claim is ever made upon Lender for repayment of the obligations under the Loan Documents and Lender repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation of the Note or any other instrument evidencing the Loan, Guarantor shall be and remain jointly and severally liable to Lender for the amount so repaid constituting the Guaranteed Obligations to the same extent as if such amount had never originally been received by Lender.
Bankruptcy No Discharge; Repayments. So long as any of the guaranteed obligations shall be owing to LHC, the Guarantors shall not, without the prior written consent of LHC, as applicable, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against the Borrower or any general partner/managing member. Each Guarantor understands and acknowledges that by virtue of this Guaranty, the Guarantor has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect the Borrower and any general partner/managing member. As an example and not in any way of limitation, a subsequent modification of the guaranteed obligations in any reorganization case concerning the Borrower or any general partner/managing member shall not affect the obligation of the Guarantor to pay and perform the guaranteed obligations in accordance with their respective original terms. If a claim is ever made upon LHC for repayment of any amount or amounts received by LHC in payment of the obligations under this Guaranty (whether or not all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by LHC) and LHC repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation of any other instrument evidencing the guaranteed obligations, each Guarantor shall be and remain liable to LHC for the amount so repaid by LHC, to the same extent as if such amount had never originally been received by LHC.
Bankruptcy No Discharge; Repayments. So long as any of the ----------------------------------- obligations guaranteed hereunder shall be owing to Landlord, Guarantor shall not, without the prior written consent of Landlord, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Tenant. Guarantor understands and acknowledges that by virtue of this Guaranty, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Tenant. As an example and not by way of limitation, a subsequent modification of the Transaction Obligations in any reorganization case concerning Tenant shall not affect the obligation of Guarantor to pay and perform the Transaction Obligations in accordance with their original terms. In any bankruptcy or other proceeding in which the filing of claims is required by law, Guarantor shall file all claims which Guarantor may have against Tenant relating to any indebtedness of Tenant to Guarantor and shall assign to Landlord all rights of Guarantor thereunder. If Guarantor does not file any such claim, Landlord, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Landlord's discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Landlord's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Landlord or its nominee shall have the right, in its reasonable discretion, to accept or reject any plan proposed in such proceeding and to take any other action which a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Landlord the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Landlord all of Guarantor's rights to any such payments or distributions; provided, however, Guarantor's obligations hereunder shall not be satisfied except to the extent that Landlord receives cash by reason of any such payment or distribution. If Landlord receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. Notwithstanding anything to the contrary herein, the liability of Guarantor hereunder shall be reinstated and revised, and the rights of Landlord shall continue, with respect to any amount at any time paid by or on behalf o...
Bankruptcy No Discharge; Repayments. So long as any of the obligations guaranteed hereunder shall be owing to Collateral Agent and the Secured Parties, Debtor shall not, without the prior written consent of all of the Secured Parties, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Quest or any other Person. Debtor understands and acknowledges that by virtue of this Agreement, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Quest or any other Person. As an example and not in any way of limitation, a subsequent modification of the Secured Obligations secured by this Agreement in any reorganization case concerning Quest or any other Person shall not affect the obligation of Debtor to perform the Secured Obligations in accordance with the original terms of this Agreement. In any bankruptcy or other proceeding in which the filing of claims is required by law, Debtor shall file all claims which Debtor may have against Quest or any other Person relating to any indebtedness of Quest or any other Person to Debtor and shall assign to Collateral Agent all rights of Debtor thereunder. If Debtor does not file any such claim, Collateral Agent, as attorney-in-fact for Debtor, is hereby authorized to do so in the name of Debtor or, in Collateral Agent’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Collateral Agent’s nominee. Collateral Agent or its nominee shall have the right, in its reasonable discretion, to accept or reject any plan proposed in such proceeding and to take any other action which a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Collateral Agent the amount payable on such claim and, to the full extent necessary for that purpose, Debtor hereby assigns to Collateral Agent all of Debtor’s rights to any such payments or distributions; provided, however, Debtor’s obligations hereunder shall not be satisfied except to the extent that Collateral Agent receives cash by reason of any such payment or distribution. If Collateral Agent receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Agreement. Notwithstanding anything to the contrary herein, the liability of Debtor hereunder shall be reinstated and revised, and the rights o...
Bankruptcy No Discharge; Repayments. So long as any of the Guaranteed Obligations shall be owing, no Guarantor shall, without the prior written consent of the Issuer and the Fiscal Agent, as applicable, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against the Owner or any partner or member. Each Guarantor understands and acknowledges that by virtue of this Guaranty, each Guarantor has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to the Owner and any partner or member. As an example and not in any way of limitation, a subsequent modification of the Guaranteed Obligations in any reorganization case concerning the Owner or any partner or member shall not affect the obligation of any Guarantor to pay and perform the Guaranteed Obligations in accordance with their respective original terms. If claim is ever made upon the Issuer or the Fiscal Agent for repayment of any amount or amounts received by the Issuer or the Fiscal Agent in payment of the obligations under this Guaranty (whether or not all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by the Issuer or the Fiscal Agent) and the Issuer or the Fiscal Agent repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or any other instrument evidencing the Guaranteed Obligations, each Guarantor shall be and remain liable to the Issuer or the Fiscal Agent for the amount so repaid by the Issuer or the Fiscal Agent, to the same extent as if such amount had never originally been received by the Issuer or the Fiscal Agent.
Bankruptcy No Discharge; Repayments. So long as any of the Guaranteed Obligations shall be outstanding, the Guarantor shall not, without the prior written consent of the County, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against the Lessee. The Guarantor understands and acknowledges that by virtue of this Guaranty, the Guarantor has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to the Lessee. As an example and not in any way by limitation, a subsequent modification of the Guaranteed Obligations in any reorganization case concerning the Lessee shall not affect the obligation of the Guarantor to pay and perform the Guaranteed Obligations in accordance with its original terms. If claim is ever made upon the County for repayment of the Guaranteed Obligations and the County repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation or termination of the Lease, the Guarantor shall be and remain liable to the County for the amount so repaid to the same extent as if such amount had never originally been received by the County.
Bankruptcy No Discharge; Repayments. So long as any of the guaranteed obligations shall be owing to OCD, the Guarantors shall not, without the prior written consent of OCD, as applicable, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against the Borrower or any general partner. Each Guarantor understands and acknowledges that by virtue of this Guaranty, the Guarantor has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect the Borrower and any general partner. As an example and not in any way of limitation, a subsequent modification of the guaranteed obligations in any reorganization case concerning the Borrower or any general partner shall not affect the obligation of the Guarantor to pay and perform the guaranteed obligations in accordance with their respective original terms. If a claim is ever made upon OCD for repayment of any amount or amounts received by OCD in payment of the obligations under this Guaranty (whether or not all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by OCD) and OCD repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation of any other instrument evidencing the guaranteed obligations, each Guarantor shall be and remain liable to OCD for the amount so repaid by OCD, to the same extent as if such amount had never originally been received by OCD.
