Common use of Preference Clause in Contracts

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 179 contracts

Sources: Guaranty Agreement (Nexpoint Diversified Real Estate Trust), Loan Agreement (Lineage, Inc.), 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 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 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 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

Sources: Guaranty (Wellington Properties Trust)