Common use of Voidable Preference; Fraudulent Conveyance Clause in Contracts

Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by, or for the account of, the Guarantor(s) on account of any of the obligations and liabilities hereunder is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by the County under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of the Borrower or upon, or as a result of, the appointment of any receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any substantial part of its properties or assets, the Guarantor hereby agrees that this Guaranty shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such payments) had not been made.

Appears in 2 contracts

Samples: Resiliency Loan Agreement and Promissory Note, Resiliency Loan Agreement

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Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by, or for the account of, the Guarantor(s) Guarantor on account of any of the obligations and liabilities hereunder is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by the County Lender under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of the Borrower or upon, or as a result of, the appointment of any receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any substantial part of its properties or assets, the Guarantor hereby agrees that this Guaranty Agreement shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such paymentspayment(s) had not been made.

Appears in 2 contracts

Samples: Sunrise Assisted Living Inc, Bioreliance Corp

Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by, or for the account of, the Guarantor(s) Guarantor on account of any of the obligations and liabilities hereunder is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by the County Lender under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of the Borrower or upon, or as a result of, the appointment of any receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any substantial part of its properties or assets, the Guarantor hereby agrees that this Guaranty Agreement shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such paymentspayment(s) had not been made.

Appears in 1 contract

Samples: Guaranty of Payment (Sunrise Senior Living Inc)

Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by, or for the account of, the Guarantor(s) Guarantor on account of any of the obligations and liabilities hereunder is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by the County Agent under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of the Borrower or upon, or as a result of, the appointment of any receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower or any substantial part of its properties or assets, the Guarantor hereby agrees that this Guaranty Agreement shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such paymentspayment(s) had not been made.

Appears in 1 contract

Samples: Sunrise Senior Living Inc

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Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by, or for the account of, of the Guarantor(s) Guarantor on account of any of the obligations and liabilities hereunder is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by the County Landlord under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of the Borrower Tenant or upon, or as a result of, the appointment of any receiver, intervenor or conservator of, or trustee or similar officer for, the Borrower Tenant or any substantial part of its properties or assets, the Guarantor hereby agrees that this Guaranty Agreement shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such paymentspayment(s) had not been made.

Appears in 1 contract

Samples: Guaranty of Lease (Metris Companies Inc)

Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by, by or for the account of, of the Guarantor(s) Guarantor on account of any of the obligations and liabilities hereunder guaranteed under this Guaranty is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by the County HUD under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of the Borrower a Guarantor or upon, or as a result of, the appointment of any receiver, intervenor intervener or conservator of, or trustee or similar officer for, the Borrower any Guarantor or any substantial part of its his properties or assets, the Guarantor hereby agrees that this Guaranty shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such paymentspayment(s) had not been made.

Appears in 1 contract

Samples: GRRP Owner Completion Guaranty Agreement

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