Common use of Effect of Bankruptcy Clause in Contracts

Effect of Bankruptcy. In the event that pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law or any judgment, order or decision thereunder, the Class A Member must rescind or restore any payment or any part thereof received by the Class A Member in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors by the Class A Member shall be without effect and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Guarantors that Guarantors’ obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ performance of such obligations and then only to the extent of such performance.

Appears in 10 contracts

Samples: Mandatory Redemption Guaranty (American Realty Capital Hospitality Trust, Inc.), Bad Boy Guaranty (American Realty Capital Hospitality Trust, Inc.), Mandatory Redemption Guaranty (W2007 Grace Acquisition I Inc)

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Effect of Bankruptcy. In the event that that, pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law law, or any judgment, order or decision thereunder, the Class A Member Lender must rescind or restore any payment payment, or any part thereof thereof, received by the Class A Member Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors Guarantor by the Class A Member Lender shall be without effect effect, and this Guaranty shall remain (or shall be reinstated to be) in full force and effecteffect with respect to such rescinded or restored payment. It is the intention of the Guarantors Borrower and Guarantor that Guarantors’ Guarantor’s obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 3 contracts

Samples: Guaranty Agreement (Global Net Lease, Inc.), Guaranty Agreement (New York REIT, Inc.), Mezzanine Guaranty Agreement (New York REIT, Inc.)

Effect of Bankruptcy. In the event that that, pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law law, or any judgment, order or decision thereunder, the Class A Member or any agreement, stipulation or settlement, Lender must rescind or restore any payment payment, or any part thereof thereof, received by the Class A Member Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors Guarantor by the Class A Member Lender shall be without effect effect, and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Guarantors Borrower and Guarantor that Guarantors’ Guarantor’s obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 3 contracts

Samples: Guaranty (CNL Healthcare Trust, Inc.), Guaranty (CNL Healthcare Trust, Inc.), Sentio Healthcare Properties Inc

Effect of Bankruptcy. In the event that that, pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law law, or any judgment, order or decision thereunder, the Class A Member Lender must rescind or restore any payment payment, or any part thereof thereof, received by the Class A Member Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors Guarantor by the Class A Member Lender shall be without effect effect, and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Guarantors Issuer and Guarantor that Guarantors’ Guarantor’s obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ performance Issuer’s or Guarantor’s payment of such obligations and then only to the extent of such performanceGuaranteed Obligations which is not so rescinded.

Appears in 2 contracts

Samples: Guaranty (Granite Point Mortgage Trust Inc.), Guaranty (Terra Property Trust, Inc.)

Effect of Bankruptcy. In the event that that, pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law law, or any judgment, order or decision thereunder, the Class A Member Agent or any Lender must rescind or restore any payment payment, or any part thereof thereof, received by the Class A Member Agent or any Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors the Guarantor by the Class A Member Agent shall be without effect effect, and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Guarantors Guarantor that Guarantors’ the Guarantor’s obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ the Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 2 contracts

Samples: Guaranty (Emrise CORP), Guaranty (Emrise CORP)

Effect of Bankruptcy. In the event that pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law or any judgment, order or decision thereunder, the Class A Member Lender must rescind or restore any payment or any part thereof received by the Class A Member Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to either or both Guarantors by the Class A Member Lender shall be without effect and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Borrowers and Guarantors that Guarantors' obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors' performance of such obligations and then only to the extent of such performance.

Appears in 2 contracts

Samples: Horizon Group Properties Inc, Horizon Group Properties Inc

Effect of Bankruptcy. In the event that that, pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law law, or any judgment, order or decision thereunder, the Class A Member Lender must rescind or restore any payment payment, or any part thereof thereof, received by the Class A Member Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors Guarantor by the Class A Member Lender shall be without effect effect, and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Guarantors Borrower and Guarantor that Guarantors’ Guarantor’s obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 2 contracts

Samples: Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.), Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.)

Effect of Bankruptcy. In the event that that, pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law law, or any judgment, order or decision thereunder, the Class A Member Lender must rescind or restore any payment payment, or any part thereof thereof, received by the Class A Member Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors any Guarantor by the Class A Member Lender shall be without effect effect, and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Guarantors Borrower and each Guarantor that Guarantors’ each Guarantor’s obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ each Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 1 contract

Samples: Guaranty (Assisted 4 Living, Inc.)

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Effect of Bankruptcy. In the event that that, pursuant to any insolvency, bankruptcy, reorganization, receivership receivership, administration or other debtor relief law law, or any judgment, order or decision thereunder, the Class A Member Agent or any Lender must rescind or restore any payment payment, or any part thereof thereof, received by the Class A Member Agent or any Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors any Guarantor by the Class A Member Agent shall be without effect effect, and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Guarantors each Guarantor that Guarantors’ such Guarantor’s obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ such Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 1 contract

Samples: Guaranty (Emrise CORP)

Effect of Bankruptcy. In the event that that, pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law law, or any judgment, order or decision thereunder, the Class A Member or any agreement, stipulation or settlement, Lender must rescind or restore any payment payment, or any part thereof thereof, received by the Class A Member Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors Guarantor by the Class A Member Lender shall be without effect effect, and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Guarantors Borrower and Guarantor that Guarantors’ Guarantor's obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ Guarantor's performance of such obligations and then only to the extent of such performance.

Appears in 1 contract

Samples: Guaranty (Inland Real Estate Income Trust, Inc.)

Effect of Bankruptcy. In the event that that, pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law law, or any judgment, order or decision thereunder, the Class A Member Lender must rescind or restore any payment payment, or any part thereof thereof, received by the Class A Member Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors by the Class A Member Lender shall be without effect effect, and this Guaranty shall remain (or shall be reinstated to be) in full force and effect. It is the intention of the Borrower and Guarantors that Guarantors’ obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ performance of such obligations and then only to the extent of such performance.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Hudson Pacific Properties, Inc.)

Effect of Bankruptcy. In the event that pursuant to any insolvency, bankruptcy, reorganization, receivership or other debtor relief law or any judgment, order or decision thereunder, the Class A Member Lender must rescind or restore any payment or any part thereof received by the Class A Member Lender in satisfaction of the Guaranteed Obligations, as set forth herein, any prior release or discharge from the terms of this Guaranty given to Guarantors a Guarantor by the Class A Member Lender shall be without effect and this Guaranty and the Guaranteed Obligations shall remain (or shall be reinstated to be) in full force and effect. It is the intention of Borrower and each Guarantor that the Guarantors that Guarantors' obligations hereunder shall not be discharged (other than as expressly set forth herein) except by Guarantors’ a Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 1 contract

Samples: Non Recourse Guaranty (Net Element International, Inc.)

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