Common use of Reinstatement of Obligations Clause in Contracts

Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 16 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

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Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of any Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, and to the extent permitted by law, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 9 contracts

Samples: Conditional Consent Agreement (Hudson Pacific Properties, Inc.), Guaranty Agreement (Griffin Land & Nurseries Inc), Recourse Carve Out Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.)

Reinstatement of Obligations. (a) If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 2 contracts

Samples: Guaranty Agreement (Strategic Storage Trust II, Inc.), Mezzanine Guaranty Agreement (Strategic Storage Trust II, Inc.)

Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or Borrower or received by Lender from Guarantor or Borrower under or with respect to this Agreement is Guaranty or the other Loan Documents is, or must be be, rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder Obligations shall, to the extent of the payment rescinded or returned, and to the extent permitted by law, be deemed to have continued in existence, notwithstanding such previous payment made by GuarantorGuarantor or Borrower, as applicable, or receipt of payment by Lender, and the obligations of Guarantor hereunder Obligations shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.or Borrower

Appears in 2 contracts

Samples: Guaranty Agreement (GTJ REIT, Inc.), Guaranty Agreement (GTJ REIT, Inc.)

Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 2 contracts

Samples: Guaranty of Payment (Peak Resorts Inc), Guaranty of Payment (Peak Resorts Inc)

Reinstatement of Obligations. If at any time all or any part ---------------------------- of any payment made by Guarantor or received by Lender CHE from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyParadise), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by LenderCHE, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Chart House Enterprises Inc)

Reinstatement of Obligations. If at any time all or any part of any payment made by the Borrower or Guarantor or received by Lender from the Borrower or Guarantor under or with respect to the Note or this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Borrower or Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Borrower or Guarantor had never been made.

Appears in 1 contract

Samples: Guaranty (Secured Principal LLC)

Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of any Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 1 contract

Samples: Indus International Inc

Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower Partyof the Borrowers), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor which was rescinded or returned had never been made.

Appears in 1 contract

Samples: Guaranty Agreement (American Realty Capital Hospitality Trust, Inc.)

Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 1 contract

Samples: Indemnity and Guaranty Agreement (Condor Hospitality Trust, Inc.)

Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender Administrative Agent or the Lenders from Guarantor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by LenderAdministrative Agent or the Lenders, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 1 contract

Samples: Guaranty Agreement (KBS Growth & Income REIT, Inc.)

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Reinstatement of Obligations. If at any time all or any part of any payment made by the Guarantor or received by Lender from the Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, including but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower the Guarantor or any Borrower PartyBorrower), then the obligations of the Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, existence notwithstanding such previous payment made by the Guarantor, or receipt of payment by Lender, and the obligations of the Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by the Guarantor had never been made.

Appears in 1 contract

Samples: Credit Agreement (LNR Property Corp)

Reinstatement of Obligations. If at any time all or any part of any payment made by the Guarantor or received by Lender from the Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, including but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower the Guarantor or any Borrower PartyBorrower), then the obligations of the Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, existence notwithstanding such previous payment made by the Guarantor, or receipt of payment by Lender, and the obligations of the Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by the Guarantor had never been made. 5.

Appears in 1 contract

Samples: Guaranty and Limited Indemnity Agreement (Emeritus Corp\wa\)

Reinstatement of Obligations. If at any time all or any part of any payment made by the Guarantor or received by Lender from the Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, including but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower the Guarantor or any Borrower Partythe Borrowers), then the obligations of the Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, existence notwithstanding such previous payment made by the Guarantor, or receipt of payment by Lender, and the obligations of the Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by the Guarantor had never been made. 5.

Appears in 1 contract

Samples: Guaranty and Limited Indemnity Agreement (Emeritus Corp\wa\)

Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 1 contract

Samples: General Host Corp

Reinstatement of Obligations. If at any time all or any part of ---------------------------- any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of any Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, and to the extent permitted by law, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.

Appears in 1 contract

Samples: Guaranty Agreement (Windsor Park Properties 5)

Reinstatement of Obligations. If at any time all or any part of any payment made by the Guarantor or received by Lender from the Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, including but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower the Guarantor or any Borrower Partythe Borrowers), then the obligations of the Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, existence notwithstanding such previous payment made by the Guarantor, or receipt of payment by Lender, and the obligations of the Guarantor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by the Guarantor had never been made.

Appears in 1 contract

Samples: Guaranty and Limited Indemnity Agreement (Emeritus Corp\wa\)

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