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 Lender, no Borrower Party shall, 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 any other Borrower Party. Each Borrower Party understands and acknowledges that by virtue of this Agreement, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any other Borrower Party. As an example and not in any way of limitation, a subsequent modification of the obligations secured by this Agreement or any of the Loan Documents in any reorganization case concerning any other Borrower Party shall not affect the obligation of each such Borrower Party to pay and perform the obligations secured by this Agreement or any of the Loan Documents in accordance with its original terms. In any bankruptcy or other proceeding in which the filing of claims is required by law, each Borrower Party shall file all claims which such Borrower Party may have against any other Borrower Party relating to any indebtedness of any other Borrower Party to such Borrower Party. If any Borrower Party does not file any such claim, Lender, as attorney-in-fact for such Borrower Party, is hereby authorized to do so in the name of such Borrower Party. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender 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, until all obligations payable under the Loan Documents are paid in full, pay to Lender the amount payable on such claim; provided, however, such Borrower Party's obligations hereunder shall not be satisfied except to the extent that Lender receives cash by reason of any such payment or distribution. If Lender receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Agreement or any of the Loan Documents. Notwithstanding anything to the contrary herein, the liability of each Borrower Party hereunder shall be reinstated and revised, and the rights of Lender shall continue, with respect to any amount at any time paid by or on behalf of any Borrower Party on account of the obligations hereunder or the other Loan Documents which Lender shall restore or return by reason of the bankruptcy, insolvency or reorganization of any Borrower Party 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 Lenderany of the Lenders or Collateral Agent, no Borrower Party shall, without the prior written consent of Lenderany of the Lenders or Collateral Agent, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against any other Borrower PartyBorrower. Each Borrower Party understands and acknowledges that by virtue of this Agreementthe Loan Documents, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any other Borrower PartyBorrower. As an example and not in any way of limitation, a subsequent modification of the obligations secured or evidenced by this Agreement or any of the Loan Documents in any reorganization case concerning any other Borrower Party shall not affect the obligation of each such Borrower Party to pay and perform the obligations secured or evidenced by this Agreement or any of the Loan Documents in accordance with its original terms. In any bankruptcy or other proceeding in which the filing of claims is required by law, each Borrower Party shall file all claims which such Borrower Party may have against any other Borrower Party relating to any indebtedness of any other Borrower Party to such Borrower Partyand shall assign to any of the Lenders or Collateral Agent all rights of such Borrower thereunder. If any Borrower Party does not file any such claim, Lenderany of the Lenders or Collateral Agent, as attorney-in-fact for such Borrower PartyBorrower, is hereby authorized to do so in the name of such Borrower Partyor, in any 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 any of the Lenders or Collateral Agent's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender 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, until all obligations payable under the Loan Documents are paid in full, shall pay to Lender any of the Lenders or Collateral Agent the amount payable on such claimclaim and, to the full extent necessary for that purpose, each Borrower hereby assigns to any of the Lenders or Collateral Agent all of such Borrower's rights to any such payments or distributions; provided, however, such Borrower PartyBorrower's obligations hereunder shall not be satisfied except to the extent that Lender any of the Lenders or Collateral Agent receives cash by reason of any such payment or distribution. If Lender 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 Agreement or any of the Loan Documents. Notwithstanding anything to the contrary herein, the liability of each Borrower Party hereunder shall be reinstated and revised, and the rights of Lender any of the Lenders or Collateral Agent shall continue, with respect to any amount at any time paid by or on behalf of any Borrower Party on account of the obligations hereunder Note or the other Loan Documents which Lender any of the Lenders or Collateral Agent shall restore or return by reason of the bankruptcy, insolvency or reorganization of any Borrower Party 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 Guaranteed Obligations shall be owing to Lenderthe Issuer, no Borrower Party shallthe Guarantors shall not, without the prior written consent of Lenderthe Issuer, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against the Owner or any other Borrower Partygeneral partner of the Owner or the Guarantors where the Owner is the debtor. Each Borrower Party understands The Guarantors understand and acknowledges acknowledge that by virtue of this AgreementGuaranty, it has the Guarantors have specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to the Owner and any other Borrower Partygeneral partner of the Owner or the Guarantors. As an example and not in any way of limitation, a subsequent modification of the obligations secured by this Agreement or any of the Loan Documents Guaranteed Obligations in any reorganization case concerning the Owner or any other Borrower Party general partner of the Owner or the Guarantors shall not affect the obligation of each such Borrower Party the Guarantors to pay and perform the obligations secured by this Agreement or any of the Loan Documents Guaranteed Obligations in accordance with its 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 subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid by lawthe Issuer) and the Issuer repays all or any part of said amount, each Borrower Party shall file all claims which such Borrower Party may have against then, notwithstanding any other Borrower Party relating to any indebtedness revocation or termination of this Guaranty or the cancellation of any other Borrower Party instrument evidencing the Guaranteed Obligations, the Guarantors shall be and remain liable to such Borrower Party. If any Borrower Party does not file any such claim, Lender, as attorney-in-fact the Issuer for such Borrower Party, is hereby authorized to do the amount so in repaid by the name of such Borrower Party. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or its nominee shall have the right, in its reasonable discretionIssuer, to accept the same extent as if such amount had never originally been received by the Issuer; provided that as long as the Guarantors are not in default hereunder 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, until all obligations payable under the Loan Documents are paid in full, pay then the Guarantors may be entitled to Lender the amount payable on such claim; provided, however, such Borrower Party's obligations hereunder shall not be satisfied except receive and retain payments made to the extent that Lender receives cash by reason of any such payment or distribution. If Lender receives anything hereunder other than cashGuarantors, the same shall be held as collateral for amounts due under this Agreement or any including without limitation indebtedness of the Loan Documents. Notwithstanding anything Owner to the contrary herein, Guarantors related to the liability of each Borrower Party hereunder shall be reinstated and revised, and the rights of Lender shall continue, with respect to any amount at any time paid by or on behalf of any Borrower Party on account of the obligations hereunder or the other Loan Documents which Lender shall restore or return by reason of the bankruptcy, insolvency or reorganization of any Borrower Party or for any other reasons, all as though such amount had not been paidProject.

Bankruptcy No Discharge; Repayments. So long as any of the ----------------------------------- obligations guaranteed hereunder shall be owing to LenderLandlord, no Borrower Party shallGuarantor 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 any other Borrower PartyTenant. Each Borrower Party Guarantor understands and acknowledges that by virtue of this AgreementGuaranty, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any other Borrower PartyTenant. As an example and not in any by way of limitation, a subsequent modification of the obligations secured by this Agreement or any of the Loan Documents Transaction Obligations in any reorganization case concerning any other Borrower Party Tenant shall not affect the obligation of each such Borrower Party Guarantor to pay and perform the obligations secured by this Agreement or any of the Loan Documents Transaction Obligations in accordance with its their original terms. In any bankruptcy or other proceeding in which the filing of claims is required by law, each Borrower Party Guarantor shall file all claims which such Borrower Party Guarantor may have against any other Borrower Party Tenant relating to any indebtedness of any other Borrower Party Tenant to such Borrower PartyGuarantor and shall assign to Landlord all rights of Guarantor thereunder. If any Borrower Party Guarantor does not file any such claim, LenderLandlord, as attorney-in-fact for such Borrower PartyGuarantor, is hereby authorized to do so in the name of such Borrower PartyGuarantor 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. Lender 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, until all obligations payable under the Loan Documents are paid in full, shall pay to Lender Landlord the amount payable on such claimclaim 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, such Borrower PartyGuarantor's obligations hereunder shall not be satisfied except to the extent that Lender Landlord receives cash by reason of any such payment or distribution. If Lender Landlord receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Agreement or any of the Loan DocumentsGuaranty. Notwithstanding anything to the contrary herein, the liability of each Borrower Party Guarantor hereunder shall be reinstated and revised, and the rights of Lender Landlord shall continue, with respect to any amount at any time paid by or on behalf of any Borrower Party Tenant on account of the obligations hereunder or the other Loan Documents Transaction Obligations which Lender Landlord shall restore or return by reason of the bankruptcy, insolvency or reorganization of any Borrower Party 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 Lenderany of the Lenders or Collateral Agent, no Borrower Party shall, without the prior written consent of Lenderany of the Lenders or Collateral Agent, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against any other Borrower PartyBorrower. Each Borrower Party understands and acknowledges that by virtue of this Agreementthe Loan Documents, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any other Borrower PartyBorrower. As an example and not in any way of limitation, a subsequent modification of the obligations secured or evidenced by this Agreement or any of the Loan Documents in any reorganization case concerning any other Borrower Party shall not affect the obligation of each such Borrower Party to pay and perform the obligations secured or evidenced by this Agreement or any of the Loan Documents in accordance with its original terms. In any bankruptcy or other proceeding in which the filing of claims is required by law, each Borrower Party shall file all claims which such Borrower Party may have against any other Borrower Party relating to any indebtedness of any other Borrower Party to such Borrower Partyand shall assign to any of the Lenders or Collateral Agent all rights of such Borrower thereunder. If any Borrower Party does not file any such claim, Lenderany of the Lenders or Collateral Agent, as attorney-in-fact attorney‑in‑fact for such Borrower PartyBorrower, is hereby authorized to do so in the name of such Borrower Partyor, in any 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 any of the Lenders or Collateral Agent's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender 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, until all obligations payable under the Loan Documents are paid in full, shall pay to Lender any of the Lenders or Collateral Agent the amount payable on such claim; provided, however, such Borrower Party's obligations hereunder shall not be satisfied except to the extent that Lender receives cash by reason of any such payment or distribution. If Lender receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Agreement or any of the Loan Documents. Notwithstanding anything to the contrary herein, the liability of each Borrower Party hereunder shall be reinstated and revised, and the rights of Lender shall continue, with respect to any amount at any time paid by or on behalf of any Borrower Party on account of the obligations hereunder or the other Loan Documents which Lender shall restore or return by reason of the bankruptcy, insolvency or reorganization of any Borrower Party or for any other reasons, all as though such amount had not been paid.claim and,

Bankruptcy No Discharge; Repayments. So long as any of the obligations guaranteed hereunder shall be owing to LenderAssociates, no Borrower Indemnitor Party shall, without the prior written consent of LenderAssociates, commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against any other Borrower Indemnitor Party. Each Borrower Indemnitor Party understands and acknowledges that by virtue of this AgreementIndemnity, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any other Borrower Indemnitor Party. As an example and not in any way of limitation, a subsequent modification of the obligations secured by this Agreement or any of the Loan Documents Indemnity in any reorganization case concerning any other Borrower Indemnitor Party shall not affect the obligation of each such Borrower Indemnitor Party to pay and perform the obligations secured by this Agreement or any of the Loan Documents Indemnity in accordance with its original terms. In any bankruptcy or other proceeding in which the filing of claims is required by law, each Borrower Indemnitor Party shall file all claims which such Borrower Indemnitor Party may have against any other Borrower Indemnitor Party relating to any indebtedness of any other Borrower Indemnitor Party to such Borrower PartyIndemnitor Party and shall assign to Associates all rights of such Indemnitor Party thereunder. If any Borrower Indemnitor Party does not file any such claim, LenderAssociates, as attorney-in-fact for such Borrower Indemnitor Party, is hereby authorized to do so in the name of such Borrower PartyIndemnitor Party or, in Associates's discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Associates's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender Associates 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, until all obligations payable under the Loan Documents are paid in full, shall pay to Lender Associates the amount payable on such claimclaim and, to the full extent necessary for that purpose, each Indemnitor Party hereby assigns to Associates all of such Indemnitor Party's rights to any such payments or distributions; provided, however, such Borrower Indemnitor Party's obligations hereunder shall not be satisfied except to the extent that Lender Associates receives cash by reason of any such payment or distribution. If Lender Associates receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Agreement or any of the Loan DocumentsIndemnity. Notwithstanding anything to the contrary herein, the liability of each Borrower Indemnitor Party hereunder shall be reinstated and revised, and the rights of Lender Associates shall continue, with respect to any amount at any time paid by or on behalf of any Borrower Indemnitor Party on account of the obligations hereunder or the other Loan Documents this Indemnity which Lender Associates shall restore or return by reason of the bankruptcy, insolvency or reorganization of any Borrower Indemnitor Party or for any other reasons, all as though such amount had not been paid.