Bankruptcy No Discharge. (a) Without limiting Section 17.3, the Obligor Guarantee shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against the Company or any other Obligor, including (i) any discharge of, or bar or stay against collecting, all or any part of the Obligations in or as a result of any such proceeding, whether or not assented to by any Beneficiary, (ii) any disallowance of all or any portion of any Beneficiary’s claim for repayment of the Obligations, (iii) any use of cash or other collateral in any such proceeding, (iv) any agreement or stipulation as to adequate protection in any such proceeding, (v) any failure by any Beneficiary to file or enforce a claim against the Company or any other Obligor or its estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of any Beneficiary’s rights that may occur in any such proceeding, (vii) any election by any Beneficiary under Section 1112(b)(2) of the Bankruptcy Code, or (viii) any borrowing or grant of a lien under Section 364 of the Bankruptcy Code. Each Guarantor understands and acknowledges that by virtue of the Obligor Guarantee, it has specifically assumed any and all risks of any such proceeding with respect to the Company and each other Obligor.
(b) Notwithstanding anything to the contrary herein contained, the Obligor Guarantee shall continue to be effective or be reinstated, as the case may be, if at any time any payment, or any part thereof, of any or all of the Obligations is rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be restored or returned by any Beneficiary in connection with any bankruptcy, reorganization or similar proceeding involving the Company, any other Obligor or otherwise or if any Beneficiary elects to return any such payment or proceeds or any part thereof in its sole discretion, all as though such payment had not been made or such proceeds not been received.
Bankruptcy No Discharge. Without limiting Section 3.03, this Agreement shall not be discharged or otherwise affected by any Insolvency or Liquidation Proceeding commenced by or against the Borrower or any other Obligor, including (i) any discharge of, or bar or stay against collecting, all or any part of the Senior Debt in or as a result of any such proceeding, whether or not assented to by any Senior Creditor, (ii) any disallowance of all or any portion of any Senior Creditor's claim for repayment of the Senior Debt , (iii) any use of cash or other Senior Collateral in any such proceeding, (iv) any agreement or stipulation as to adequate protection in any such proceeding, (v) any failure by any Senior Creditor to file or enforce a claim against the Borrower or any other Obligor or its estate in any such proceeding, (vi) any amendment, modification, stay or cure of any Senior Creditor's rights that may occur in any such proceeding, (vii) any election by any Senior Creditor under Section 1111(b)(2) of the Bankruptcy Code, or (viii) any borrowing or grant of a Lien under Section 364 of the Bankruptcy Code.
Bankruptcy No Discharge. Notwithstanding anything to the contrary herein contained, this Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time, payment, or any part thereof; of any or all of the Guarantied Obligations is rescinded or must otherwise be restored or returned by Lender upon the insolvency, bankruptcy or reorganization of the Borrower or otherwise, all as though such payment had not been made. Notwithstanding any modification, discharge or extension of the Guarantied Obligations or any amendment, modification, stay or cure of Lender’s rights which may occur in any bankruptcy or reorganization case or proceeding concerning the Borrower whether permanent or temporary, and whether assented to by Lenders, the Guarantor hereby agrees that it shall be obligated hereunder to pay the indebtedness and discharge its other obligations in accordance with the terms of the indebtedness and the terms of this Guaranty in effect on the date hereof. Guarantor understands and acknowledges that by virtue of this Guaranty, Guarantor has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to the Borrower. As an example and not in any way of limitation, a subsequent modification of the indebtedness in any reorganization case concerning the Borrower shall not affect the obligation of Guarantor to pay the Indebtedness in accordance with its original terms.
Bankruptcy No Discharge. Notwithstanding anything to the contrary contained herein, this Agreement shall continue to be effective if at any time payment or other satisfaction of any part or all of the LFB Obligations is rescinded, or must otherwise be restored or returned by GTC, based upon the insolvency, bankruptcy or reorganization of LFB Biotech or other similar proceeding, all as though such payment had not been made. Notwithstanding any modification, discharge or extension of any LFB Obligation, or any amendment, modification, stay or cure of GTC’s rights which may occur in any bankruptcy or reorganization case or proceeding concerning LFB Biotech, whether permanent or temporary, and whether assented to by GTC, LFB SA hereby agrees that LFB SA shall be obligated hereunder to pay and satisfy the LFB Obligations and discharge LFB SA’s other obligations hereunder in accordance with the terms hereof. As of the date hereof, LFB SA specifically understands and acknowledges that by virtue of this Agreement, LFB SA has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to LFB Biotech.
Bankruptcy No Discharge. Without limiting SECTION 7.13, this Agreement and the security interest in favor of the Secured Party shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against any Other Obligor, including (a) any discharge of, or bar or stay against collecting, all or any part of the Secured Obligations in or as a result of any such proceeding, whether or not assented to by the Secured Party, and (b) any disallowance of all or any portion of the Secured Party's claim for repayment of the Secured Obligations.
Bankruptcy No Discharge. Notwithstanding anything to the contrary herein contained, this Guaranty shall continue to be effective or shall be reinstated, as the case may be, if at any time performance of all or any part of the Guaranteed Obligations is rescinded, or must otherwise be restored or returned by OBLIGEES, upon the insolvency, bankruptcy or reorganization of USE Sub or otherwise, all as though such performance had not been made. Notwithstanding any modification, discharge or extension of the Guaranteed Obligations or any amendment, modification, stay or cure of OBLIGEEs' rights which may occur in any bankruptcy or reorganization case or proceeding concerning USE Sub, whether permanent or temporary, and whether or not assented to by OBLIGEES, Guarantor shall be obligated hereunder to perform the Guaranteed Obligations and this Guaranty as they were in effect on the date hereof.
Bankruptcy No Discharge. Without limiting any other provision hereof, this Guaranty shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against Guarantor, including (i) any discharge of, or bar or stay against collecting, all or any part of the Guaranteed Obligations in or as a result of any such proceeding, whether or not assented to by Purchaser, (ii) any disallowance of all or any portion of Purchaser’s claim for repayment of the Guaranteed Obligations, (iii) any use of cash or other collateral in any such proceeding, except to the extent applied to the Guaranteed Obligations, (iv) any agreement or stipulation as to adequate protection in any such proceeding, (v) any failure by Purchaser to file or enforce a claim against Seller or Guarantor’s estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of Purchaser’s rights that may occur in any such proceeding, (vii) any election by Purchaser under Section 1111(b)(2) of the Bankruptcy Code, or (viii) any borrowing or grant of a lien under Section 364 of the Bankruptcy Code. Guarantor understands and acknowledges that by virtue of this Guaranty, it has specifically assumed any and all risks of any such proceeding with respect to the Seller.
Bankruptcy No Discharge. If Borrower is now or hereafter becomes indebted to Guarantor (such indebtedness and all interest thereon is referred to as the “Affiliated Debt”), such Affiliated Debt shall be subordinate in all respects to the full payment and performance of the Obligations, and Guarantor shall not be entitled to enforce or receive payment with respect to any Affiliated Debt until the Obligations are fully satisfied. Guarantor agrees that any liens upon Borrower’s assets securing the payment of the Affiliated Debt shall be and remain subordinate and inferior to any Liens upon Borrower’s assets securing payment of the Obligations, and without the consent of Agent, Guarantor shall not exercise or enforce any rights against Borrower to collect the Affiliated Debt (other than demand payment therefore). In the event of the receivership, bankruptcy, reorganization, arrangement, debtor’s relief or other insolvency proceedings involving Borrower as a debtor, Agent has the right and authority, either in its own name or as attorney-in-fact for Guarantor, to file such proof of debt, claim, petition or other documents and to take such other steps as are necessary to prove its rights hereunder and receive directly from the receiver, trustee or other court custodian, payments, distributions or other dividends which would otherwise be payable upon the Affiliated Debt.
Bankruptcy No Discharge. (a) The guarantees of any Holdco Party under Section 2.1 hereof shall not be discharged or otherwise affected, with respect to any other Holdco Party, by any bankruptcy, reorganization or similar proceeding commenced by or against any Obligor, including (i) any discharge of, or bar to stay against collecting, all or any part of the Required Obligations in or as a result of any such proceeding, whether or not assented to by the TW Parties, or (ii) any disallowance of all or any portion of the TW Parties' claim for repayment or performance of the Required
Bankruptcy No Discharge. Repayments: Reinstatement.
