Common use of Bankruptcy No Discharge; Repayments Clause in Contracts

Bankruptcy No Discharge; Repayments. So long as any of the Guaranteed Obligation guaranteed hereunder shall be owing to Lender, Guarantor shall not, without the prior written consent of Lender, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Borrower. Guarantor understands and acknowledges that by virtue of this Guaranty, he has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Borrower. As an example and not in any way of limitation, a subsequent modification of the Guaranteed Obligation in any reorganization case concerning Borrower shall not affect the obligation of Guarantor to pay and perform the Guaranteed Obligation in accordance with their respective original terms. If claim is ever made upon Lender for repayment of the obligations under the Loan Documents and Lender repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation of the Note or any other instrument evidencing the Loan, Guarantor shall be and remain jointly and severally liable to Lender for the amount so repaid constituting the Guaranteed Obligations to the same extent as if such amount had never originally been received by Lender.

Appears in 4 contracts

Samples: Guaranty (Wsi Industries, Inc.), Guaranty (Wsi Industries, Inc.), Guaranty (Wsi Industries, Inc.)

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Bankruptcy No Discharge; Repayments. So long as any of the Guaranteed Obligation obligations guaranteed hereunder shall be owing to Lender, Guarantor shall not, without the prior written consent of Lender, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Borrower. Guarantor understands and acknowledges that by virtue of this Guaranty, he it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Borrower. As an example and not in any way of limitation, a subsequent modification of the Guaranteed Obligation Obligations in any reorganization case concerning Borrower shall not affect the obligation of Guarantor to pay and perform the Guaranteed Obligation Obligations in accordance with their respective its original terms. If claim is ever made upon Notwithstanding anything to the contrary herein, the liability of Guarantor hereunder shall be reinstated and revived, and the rights of Lender for repayment shall continue, with respect to any amount at any time paid by or on behalf of the obligations under the Loan Documents and Lender repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation Borrower on account of the Note which Lender shall restore or return by reason of the bankruptcy, insolvency or reorganization of Borrower or for any other instrument evidencing the Loanreasons, Guarantor shall be and remain jointly and severally liable to Lender for the amount so repaid constituting the Guaranteed Obligations to the same extent all as if though such amount had never originally not been received by Lenderpaid.

Appears in 1 contract

Samples: Agreement of Sale (Carlyle Real Estate LTD Partnership Xi)

Bankruptcy No Discharge; Repayments. So long as any of the Guaranteed Obligation guaranteed Obligations hereunder shall be owing to LenderLandlord, Guarantor shall not, without the prior written consent of LenderLandlord, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against BorrowerTenant. Guarantor understands and acknowledges that by virtue of this Lease Guaranty, he it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Borrower. As an example and not in any way of limitation, a subsequent modification of the Guaranteed Obligation in any reorganization case concerning Borrower shall not affect the obligation of Guarantor to pay and perform the Guaranteed Obligation in accordance with their respective original termsTenant. If claim is ever made upon Lender Landlord for repayment of any amount or amounts received by Landlord in payment of the obligations under the Loan Documents Lease and Lender Landlord repays all or any part of said amount, then, notwithstanding any revocation or termination of this Lease Guaranty or the cancellation of the Note or any other instrument evidencing the LoanLease, Guarantor shall be and remain jointly and severally liable to Lender Landlord for the amount so repaid constituting the Guaranteed Obligations to the same extent as if such amount had never originally been received by LenderLandlord.

Appears in 1 contract

Samples: Commercial Ground Lease (Palace Entertainment Holdings, Inc.)

Bankruptcy No Discharge; Repayments. So long as any of the Guaranteed Obligation Obligations guaranteed hereunder shall be owing to Lender, Guarantor shall not, without the prior written consent of such Lender, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Borrower. Guarantor understands and acknowledges that by virtue of this Guaranty, he Guarantor has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Borrower. As an example and not in any way of limitation, a subsequent modification of the Guaranteed Obligation Obligations in any reorganization case concerning Borrower shall not affect the obligation of Guarantor to pay and perform the Guaranteed Obligation Obligations in accordance with their respective original terms. If claim is ever made upon Lender for repayment of the obligations under the Loan Documents and Lender repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation of the Note Notes or any other instrument evidencing the LoanLoan or the Loan Documents, Guarantor shall be and remain jointly and severally liable to Lender for the amount so repaid constituting the Guaranteed Obligations to the same extent as if such amount had never originally been received by Lender.

Appears in 1 contract

Samples: Guaranty (Equitex Inc)

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Bankruptcy No Discharge; Repayments. So long as any of the Guaranteed Obligation Obligations guaranteed hereunder shall be owing to Lender, Guarantor shall not, without the prior written consent of Lender, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Borrower. Guarantor understands and acknowledges that by virtue of this Guaranty, he it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Borrower. As an example and not in any way of limitation, a subsequent modification of the Guaranteed Obligation Obligations in any reorganization case concerning Borrower shall not affect the obligation of Guarantor to pay and perform the Guaranteed Obligation Obligations in accordance with their respective original terms. If claim is ever made upon Lender for repayment of the obligations under the Loan Documents and Lender repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation of the Revolving Note or any other instrument evidencing the Loan, Guarantor shall be and remain jointly and severally liable to Lender for the amount so repaid constituting the Guaranteed Obligations to the same extent as if such amount had never originally been received by Lender.

Appears in 1 contract

Samples: Guaranty (Summer Energy Holdings Inc)

Bankruptcy No Discharge; Repayments. So long as any of the Guaranteed Obligation obligations guaranteed hereunder shall be owing to Lender, Guarantor shall not, without the prior written consent of Lender, commence or join with any other party in commencing any bankruptcy, insolvency, reorganization or insolvency liquidation proceedings of or against Borrower. Guarantor understands and acknowledges that by virtue of this Guaranty, he Guarantor has specifically assumed any and all risks of a bankruptcy bankruptcy, reorganization, insolvency or reorganization liquidation case or proceeding with respect to Borrower. As an example and not in any way of limitation, a subsequent modification of the Loan, the Letter Agreement or the Guaranteed Obligation Obligations in any reorganization bankruptcy, reorganization, insolvency, liquidation or similar case or proceeding concerning Borrower shall not affect the obligation of Guarantor to pay and perform the Guaranteed Obligation Obligations in accordance with their respective original terms. If a claim is ever made upon Lender for repayment of any amount or amounts received by Lender in payment of the obligations under the Loan Documents or the Letter Agreement or hereunder (whether or not all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside, or required to be repaid by Lender) and Lender repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation of the Note Loan or any other instrument evidencing the LoanLetter Agreement, Guarantor shall be and remain jointly and severally liable to Lender for the amount so repaid constituting the Guaranteed Obligations to the same extent as if such amount had never originally been received by Lender.

Appears in 1 contract

Samples: Limited Guaranty (Epicept Corp)

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