Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 180 contracts
Sources: Guaranty Agreement (Innovative Industrial Properties Inc), Guaranty Agreement (Nexpoint Diversified Real Estate Trust), Loan Agreement (Lineage, Inc.)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other Person.
Appears in 23 contracts
Sources: Guaranty (Alexanders Inc), Guaranty of Recourse Obligations (Alexanders Inc), Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, the Bankruptcy Code or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other Person.
Appears in 22 contracts
Sources: Guaranty of Recourse Obligations (Generation Income Properties, Inc.), Guaranty (Hospitality Investors Trust, Inc.), Mezzanine Guaranty (Hospitality Investors Trust, Inc.)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 19 contracts
Sources: Completion Guaranty (Bh Re LLC), Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc), Guaranty (GMH Communities Trust)
Preference. Any payment by any Borrower or the Other Guarantor to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower any Borrower, the Other Guarantor or someone elseany other Person.
Appears in 8 contracts
Sources: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy lawsthe Bankruptcy Code or any other Creditors’ Rights Laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 7 contracts
Sources: Guaranty and Indemnity Agreement, Guaranty and Indemnity Agreement, Guaranty and Indemnity Agreement (Ashford Hospitality Trust Inc)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other Person.
Appears in 6 contracts
Sources: Guaranty (Innovative Industrial Properties Inc), Completion Guaranty Agreement (Lodging Fund REIT III, Inc.), Guaranty (Assisted 4 Living, Inc.)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.; or
Appears in 5 contracts
Sources: Commercial Guaranty Agreement (Independent Bank Group Inc), Revolving Credit Agreement (Cross Timbers Oil Co), Guaranty Agreement (America West Holdings Corp)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund or remit any such payment or pay such amount to Borrower or someone elseany other Person.
Appears in 4 contracts
Sources: Guaranty of Recourse Obligations (EQT Exeter Real Estate Income Trust, Inc.), Guaranty of Recourse Obligations (Stratus Properties Inc), Guaranty of Recourse Obligations (Strategic Storage Trust VI, Inc.)
Preference. Any payment by Borrower to Agent or Lender is held to constitute a preference under bankruptcy laws, the Bankruptcy Code or for any reason Agent or any Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other Person.
Appears in 4 contracts
Sources: Guaranty of Completion (ACRES Commercial Realty Corp.), Guaranty of Recourse Obligations (ACRES Commercial Realty Corp.), Guaranty of Interest and Carry Costs (ACRES Commercial Realty Corp.)
Preference. Any payment by any Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to any Borrower or someone elseto any other Person.
Appears in 4 contracts
Sources: Loan Agreement (Morgans Hotel Group Co.), Closing Guaranty of Completion (Morgans Hotel Group Co.), Guaranty of Recourse Obligations (Horizon Group Properties Inc)
Preference. Any payment by either Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to either Borrower or someone else.
Appears in 3 contracts
Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)
Preference. Any payment by Borrower any one or both of the Borrowers to Lender is held to constitute a preference under bankruptcy laws, the Bankruptcy Code or for any reason Lender is required to refund such payment or pay such amount to such Borrower or someone elseBorrowers or to any other Person.
Appears in 3 contracts
Sources: Guaranty of Recourse Obligations (American Realty Capital Hospitality Trust, Inc.), Real Estate Sale Agreement (W2007 Grace Acquisition I Inc), Real Estate Sale Agreement (American Realty Capital Hospitality Trust, Inc.)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund or remit any such payment or pay such amount to Borrower or someone elseany other person.
Appears in 3 contracts
Sources: Guaranty Agreement (Cil&d, LLC), Guaranty Agreement (Cil&d, LLC), Guaranty Agreement (Cil&d, LLC)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy lawsCreditors’ Rights Laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 3 contracts
Sources: Guaranty Agreement (ACRES Commercial Realty Corp.), Completion Guaranty Agreement (ACRES Commercial Realty Corp.), Carry Guaranty Agreement (ACRES Commercial Realty Corp.)
Preference. Any payment by Borrower to Lender Bank is held to constitute a preference under bankruptcy laws, or for any reason Lender Bank is required to refund such payment or pay such amount to Borrower or someone else.; or
Appears in 3 contracts
Sources: Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc)
Preference. Any payment by any Borrower to the Agent or any Lender is held to constitute a preference under bankruptcy laws, or for any reason the Agent or such Lender is required to refund such payment or pay such amount to such Borrower or someone else.
Appears in 3 contracts
Sources: Guaranty (Emrise CORP), Guaranty (Emrise CORP), Guaranty (Emrise CORP)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment payment, or pay such amount to Borrower or someone else.; or
Appears in 3 contracts
Sources: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or if for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 2 contracts
Sources: Guaranty (Golf Ventures Inc), Guaranty (Golf Ventures Inc)
Preference. Any payment by Borrower to Agent or Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Agent or Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other Person.
Appears in 2 contracts
Sources: Non Recourse Carve Out Guaranty Agreement (Allegiant Travel CO), Guaranty of Payment (Allegiant Travel CO)
Preference. Any payment by any Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to such Borrower or someone else.
Appears in 2 contracts
Sources: Guaranty Agreement (Morgans Hotel Group Co.), Guaranty Agreement (Morgans Hotel Group Co.)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseany other Person.
Appears in 2 contracts
Sources: Guaranty Agreement (Moody National REIT I, Inc.), Guaranty Agreement (Moody National REIT I, Inc.)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseelse pursuant to any applicable Federal or State bankruptcy or insolvency law relating to the bankruptcy or insolvency of Borrower or Guarantor.
Appears in 2 contracts
Sources: Guaranty Agreement (Five Point Holdings, LLC), Mezzanine Guaranty Agreement (Five Point Holdings, LLC)
Preference. Any payment by Borrower Debtor to Lender Creditor is held to constitute a preference under bankruptcy laws, or for any reason Lender Creditor is required to refund such payment or pay such amount to Borrower Debtor or someone else.
Appears in 1 contract
Sources: Guaranty (Naturade Inc)
Preference. Any payment by any Borrower to Lender or by any Mortgage Borrower to Mortgage Lender, as applicable, is held to constitute a preference under bankruptcy laws, laws or for any reason Lender or Mortgage Lender is required to refund such payment or pay such amount to any Borrower or someone elseany Mortgage Borrower, or to any other Person, as applicable.
Appears in 1 contract
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason and Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 1 contract
Sources: Guaranty Agreement (Hcp, Inc.)
Preference. Any payment by any Borrower to Lender or by any Mortgage Borrower to Mortgage Lender, as applicable, is held to constitute a preference under bankruptcy laws, or for any reason Lender or Mortgage Lender is required to refund such payment or pay such amount to such Borrower or Mortgage Borrower, or someone else, as applicable.
Appears in 1 contract
Sources: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)
Preference. Any payment by Borrower or Property Owner to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or Property Owner or someone else.
Appears in 1 contract
Preference. Any payment by Borrower to Lender Seller is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 1 contract
Sources: Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)
Preference. Any payment by any Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to any Borrower or someone else.
Appears in 1 contract
Preference. Any payment by the Borrower to the Lender is held to constitute a preference under bankruptcy laws, or for any reason the Lender is required to refund such payment or pay such amount to the Borrower or someone else.some other Person; or
Appears in 1 contract
Sources: Guaranty (Harken Energy Corp)
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, the Bankruptcy Code or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other person/entity.
Appears in 1 contract
Sources: Limited Recourse Guaranty (Generation Income Properties, Inc.)
Preference. Any payment by Borrower Borrowers to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower Borrowers or someone else.
Appears in 1 contract
Sources: Guaranty Agreement (Inland American Real Estate Trust, Inc.)
Preference. Any payment by Borrower to Lender is held to ---------- constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 1 contract
Preference. Any payment by any Borrower to Lender or by any Mortgage Borrower to Mortgage Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender or Mortgage Lender is required to refund such payment or pay such amount to such Borrower, Mortgage Borrower or someone else.
Appears in 1 contract
Sources: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)
Preference. Any payment by Borrower or any other Loan Party to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 1 contract
Preference. Any payment by the Borrower to the Lender is held to ---------- constitute a preference under bankruptcy laws, or for any reason the Lender is required to refund such payment or pay such amount to the Borrower or someone else.some other Person; or
Appears in 1 contract
Preference. Any payment by Borrower Guarantor to Lender that is held to constitute a preference under bankruptcy lawsBankruptcy Laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower any other person or someone elseentity.
Appears in 1 contract
Sources: Guaranty
Preference. Any payment by the Borrower to the Lender is being held to constitute a preference under bankruptcy laws, laws or the Lender for any reason Lender is being required to refund such payment or pay such amount to the Borrower or someone else.; and
Appears in 1 contract
Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrowers or any Borrower Party or someone else.
Appears in 1 contract
Preference. Any payment by Borrower to Lender is held to constitute a preference under any bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.
Appears in 1 contract
Sources: Guaranty (Capital Trust Inc)
Preference. Any payment by Borrower any Obligor to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower any Obligor or someone else.
Appears in 1 contract
Sources: Guaranty (Ventas Inc)