Common use of Continuing Enforcement Clause in Contracts

Continuing Enforcement. If, after receipt of any payment under this Guaranty, Landlords are compelled or agree, for settlement purposes, to surrender such payment to any Person relating to Guarantor’s insolvency, bankruptcy or inability to pay its debts as they become due or as a direct result of Guarantor’s actions (including, without limitation, a determination that such payment is void or voidable as a preference or fraudulent conveyance, an impermissible setoff, or a diversion of trust funds), Guarantor’s obligation to fund under this Guaranty shall continue (subject to such other limitations as are set forth herein) as if the payment (which was so surrendered) had not been made. The provisions of this Section shall survive the termination of this Guaranty.

Appears in 1 contract

Sources: Limited Rent Guaranty (Six Flags, Inc.)

Continuing Enforcement. If, after receipt of any payment under this Guaranty, Landlords are Landlord is compelled or agreeagrees, for settlement purposes, to surrender such payment to any Person relating to Guarantor’s insolvency, bankruptcy or inability to pay its debts as they become due or as a direct result of Guarantor’s actions (including, without limitation, a determination that such payment is void or voidable as a preference or fraudulent conveyance, an impermissible setoff, or a diversion of trust funds), Guarantor’s obligation to fund under this Guaranty shall continue (subject to such other limitations as are set forth herein) as if the payment (which was so surrendered) had not been made. The provisions of this Section shall survive the termination of this Guaranty.

Appears in 1 contract

Sources: Limited Rent Guaranty (CNL Hotels & Resorts, Inc.)

Continuing Enforcement. If, after receipt of any payment under this Guaranty, Landlords are compelled or agree, for settlement purposes, to surrender such payment to any Person relating to Guarantor’s 's insolvency, bankruptcy or inability to pay its debts as they become due or as a direct result of Guarantor’s 's actions (including, without limitation, a determination that such payment is void or voidable as a preference or fraudulent conveyance, an impermissible setoff, or a diversion of trust funds), Guarantor’s 's obligation to fund under this Guaranty shall continue (subject to such other limitations as are set forth herein) as if the payment (which was so surrendered) had not been made. The provisions of this Section shall survive the termination of this Guaranty.

Appears in 1 contract

Sources: Limited Rent Guaranty (Six Flags Inc)