Common use of Bankruptcy No Discharge; Repayments Clause in Contracts

Bankruptcy No Discharge; Repayments. So long as any of the ----------------------------------- obligations guaranteed hereunder shall be owing to Landlord, Guarantor shall not, without the prior written consent of Landlord, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Tenant. Guarantor understands and acknowledges that by virtue of this Guaranty, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Tenant. As an example and not by way of limitation, a subsequent modification of the Transaction Obligations in any reorganization case concerning Tenant shall not affect the obligation of Guarantor to pay and perform the Transaction Obligations in accordance with their original terms. In any bankruptcy or other proceeding in which the filing of claims is required by law, Guarantor shall file all claims which Guarantor may have against Tenant relating to any indebtedness of Tenant to Guarantor and shall assign to Landlord all rights of Guarantor thereunder. If Guarantor does not file any such claim, Landlord, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Landlord's discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Landlord's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Landlord or its nominee shall have the right, in its reasonable discretion, to accept or reject any plan proposed in such proceeding and to take any other action which a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Landlord the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Landlord all of Guarantor's rights to any such payments or distributions; provided, however, Guarantor's obligations hereunder shall not be satisfied except to the extent that Landlord receives cash by reason of any such payment or distribution. If Landlord receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. Notwithstanding anything to the contrary herein, the liability of Guarantor hereunder shall be reinstated and revised, and the rights of Landlord shall continue, with respect to any amount at any time paid by or on behalf of Tenant on account of the Transaction Obligations which Landlord shall restore or return by reason of the bankruptcy, insolvency or reorganization of Tenant or for any other reasons, all as though such amount had not been paid.

Bankruptcy No Discharge; Repayments. So long as any of the ----------------------------------- obligations guaranteed hereunder shall be owing to Landlordany of the Lenders or Collateral Agent, Guarantor shall notno Borrower shall, without the prior written consent of Landlordany of the Lenders or Collateral Agent, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Tenantany other Borrower. Guarantor Each Borrower understands and acknowledges that by virtue of this Guarantythe Loan Documents, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Tenantany other Borrower. As an example and not by in any way of limitation, a subsequent modification of the Transaction Obligations obligations secured or evidenced by the Loan Documents in any reorganization case concerning Tenant any other Borrower shall not affect the obligation of Guarantor each such Borrower to pay and perform the Transaction Obligations obligations secured or evidenced by the Loan Documents in accordance with their its original terms. In any bankruptcy or other proceeding in which the filing of claims is required by law, Guarantor each Borrower shall file all claims which Guarantor such Borrower may have against Tenant any other Borrower relating to any indebtedness of Tenant any other Borrower to Guarantor such Borrower and shall assign to Landlord any of the Lenders or Collateral Agent all rights of Guarantor such Borrower thereunder. If Guarantor any Borrower does not file any such claim, Landlordany of the Lenders or Collateral Agent, as attorney-in-fact for Guarantorsuch Borrower, is hereby authorized to do so in the name of Guarantor such Borrower or, in Landlordany of the Lenders or Collateral Agent's discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Landlordany of the Lenders or Collateral Agent's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Landlord any of the Lenders or Collateral Agent or its nominee shall have the right, in its reasonable discretion, to accept or reject any plan proposed in such proceeding and to take any other action which a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Landlord any of the Lenders or Collateral Agent the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor each Borrower hereby assigns to Landlord any of the Lenders or Collateral Agent all of Guarantorsuch Borrower's rights to any such payments or distributions; provided, however, Guarantorsuch Borrower's obligations hereunder shall not be satisfied except to the extent that Landlord any of the Lenders or Collateral Agent receives cash by reason of any such payment or distribution. If Landlord any of the Lenders or Collateral Agent receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guarantythe Loan Documents. Notwithstanding anything to the contrary herein, the liability of Guarantor each Borrower hereunder shall be reinstated and revised, and the rights of Landlord any of the Lenders or Collateral Agent shall continue, with respect to any amount at any time paid by or on behalf of Tenant any Borrower on account of the Transaction Obligations Note or the other Loan Documents which Landlord any of the Lenders or Collateral Agent shall restore or return by reason of the bankruptcy, insolvency or reorganization of Tenant any Borrower or for any other reasons, all as though such amount had not been paid.

Bankruptcy No Discharge; Repayments. So long as any of the ----------------------------------- obligations guaranteed hereunder shall be owing to LandlordLender, Guarantor shall not, without the prior written consent of LandlordLender, commence or join with any other party in commencing any bankruptcy, insolvency, reorganization or insolvency liquidation proceedings of or against TenantBorrower. Guarantor understands and acknowledges that by virtue of this Guaranty, it Guarantor has specifically assumed any and all risks of a bankruptcy bankruptcy, reorganization, insolvency or reorganization liquidation case or proceeding with respect to TenantBorrower. As an example and not by in any way of limitation, a subsequent modification of the Transaction Loan, the Letter Agreement or the Guaranteed Obligations in any reorganization bankruptcy, reorganization, insolvency, liquidation or similar case or proceeding concerning Tenant Borrower shall not affect the obligation of Guarantor to pay and perform the Transaction Guaranteed Obligations in accordance with their respective original terms. In If a claim is ever made upon Lender for repayment of any bankruptcy amount or other proceeding amounts received by Lender in which payment of the filing obligations under the Loan or the Letter Agreement or hereunder (whether or not all or any part of claims such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside, or required to be repaid by lawLender) and Lender repays all or any part of said amount, then, notwithstanding any revocation or termination of this Guaranty or the cancellation of the Loan or the Letter Agreement, Guarantor shall file all claims which Guarantor may have against Tenant relating be and remain liable to any indebtedness of Tenant to Guarantor and shall assign to Landlord all rights of Guarantor thereunder. If Guarantor does not file any such claim, Landlord, as attorney-in-fact Lender for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Landlord's discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Landlord's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Landlord or its nominee shall have the right, in its reasonable discretion, to accept or reject any plan proposed in such proceeding and to take any other action which a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Landlord the amount payable on such claim and, so repaid to the full same extent necessary for that purpose, Guarantor hereby assigns to Landlord all of Guarantor's rights to any such payments or distributions; provided, however, Guarantor's obligations hereunder shall not be satisfied except to the extent that Landlord receives cash by reason of any such payment or distribution. If Landlord receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. Notwithstanding anything to the contrary herein, the liability of Guarantor hereunder shall be reinstated and revised, and the rights of Landlord shall continue, with respect to any amount at any time paid by or on behalf of Tenant on account of the Transaction Obligations which Landlord shall restore or return by reason of the bankruptcy, insolvency or reorganization of Tenant or for any other reasons, all as though if such amount had not never originally been paidreceived by Lender.

Bankruptcy No Discharge; Repayments. So long as any of the ----------------------------------- obligations guaranteed hereunder Guaranteed Obligations shall be owing to Landlordthe Issuer, Guarantor the Guarantors shall not, without the prior written consent of Landlordthe Issuer, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Tenantthe Owner or any general partner of the Owner or the Guarantors where the Owner is the debtor. Guarantor understands The Guarantors understand and acknowledges acknowledge that by virtue of this Guaranty, it has the Guarantors have specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to Tenantthe Owner and any general partner of the Owner or the Guarantors. As an example and not by in any way of limitation, a subsequent modification of the Transaction Guaranteed Obligations in any reorganization case concerning Tenant the Owner or any general partner of the Owner or the Guarantors shall not affect the obligation of Guarantor the Guarantors to pay and perform the Transaction Guaranteed Obligations in accordance with their respective original terms. In If claim is ever made upon the Issuer for repayment of any bankruptcy amount or other proceeding amounts received by the Issuer in which payment of the filing obligations under this Guaranty (whether or not all or any part of claims such payment is required by lawsubsequently invalidated, Guarantor shall file all claims which Guarantor may have against Tenant relating to any indebtedness of Tenant to Guarantor and shall assign to Landlord all rights of Guarantor thereunder. If Guarantor does not file any such claim, Landlord, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Landlord's discretion, to assign the claim to a nominee and to cause proof of claim declared to be filed in fraudulent or preferential, set aside or required to be repaid by the name Issuer) and the Issuer repays all or any part of Landlord's nominee. The foregoing power said amount, then, notwithstanding any revocation or termination of attorney is coupled with an interest and cannot be revoked. Landlord this Guaranty or its nominee shall have the right, in its reasonable discretion, to accept or reject any plan proposed in such proceeding and to take cancellation of any other action which a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwiseinstrument evidencing the Guaranteed Obligations, the person or persons authorized Guarantors shall be and remain liable to pay such claim shall pay to Landlord the Issuer for the amount payable on such claim andso repaid by the Issuer, to the full same extent necessary for that purpose, Guarantor hereby assigns to Landlord all of Guarantor's rights to any such payments or distributions; provided, however, Guarantor's obligations hereunder shall not be satisfied except to the extent that Landlord receives cash by reason of any such payment or distribution. If Landlord receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. Notwithstanding anything to the contrary herein, the liability of Guarantor hereunder shall be reinstated and revised, and the rights of Landlord shall continue, with respect to any amount at any time paid by or on behalf of Tenant on account of the Transaction Obligations which Landlord shall restore or return by reason of the bankruptcy, insolvency or reorganization of Tenant or for any other reasons, all as though if such amount had never originally been received by the Issuer; provided that as long as the Guarantors are not been paidin default hereunder or under the Loan Documents then the Guarantors may be entitled to receive and retain payments made to the Guarantors, including without limitation indebtedness of the Owner to the Guarantors related to the Project.