Common use of Bankruptcy No Discharge Clause in Contracts

Bankruptcy No Discharge. (a) Without limiting Section 8.02 or any other provision of this Article VIII, the Guarantee shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against any Borrower or any other Guarantor, 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 the Lenders, (ii) any disallowance of all or any portion of any 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 Lender to file or enforce a claim against any Borrower or any other Guarantor or its estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of any Lender's rights that may occur in any such proceeding, (vii) any election by any Lender 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 this Guarantee, it has specifically assumed any and all risks of any such proceeding with respect to the Borrowers and each other Guarantor.

Bankruptcy No Discharge. (a) Without limiting Section 8.02 or any other provision of this Article VIII17.3, the Obligor Guarantee shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against any Borrower the Company or any other GuarantorObligor, 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 the Lendersany 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 Lender Beneficiary to file or enforce a claim against any Borrower the Company or any other Guarantor Obligor or its estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of any LenderBeneficiary's rights that may occur in any such proceeding, (vii) any election by any Lender Beneficiary under Section 1112(b)(2) of the Bankruptcy Code, or (viii) any borrowing or grant of a Lien lien under Section 364 of the Bankruptcy Code. Each Guarantor understands and acknowledges that by virtue of this the Obligor Guarantee, it has specifically assumed any and all risks of any such proceeding with respect to the Borrowers Company and each other GuarantorObligor.

Bankruptcy No Discharge. (a) Without limiting Section 8.02 or any other provision of this Article VIII17.3, the Obligor Guarantee shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against any Borrower the Company or any other GuarantorObligor, 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 the Lendersany 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 Lender Beneficiary to file or enforce a claim against any Borrower the Company or any other Guarantor Obligor or its estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of any Lender's Beneficiary’s rights that may occur in any such proceeding, (vii) any election by any Lender Beneficiary under Section 1112(b)(2) of the Bankruptcy Code, or (viii) any borrowing or grant of a Lien lien under Section 364 of the Bankruptcy Code. Each Guarantor understands and acknowledges that by virtue of this the Obligor Guarantee, it has specifically assumed any and all risks of any such proceeding with respect to the Borrowers Company and each other GuarantorObligor.

Bankruptcy No Discharge. (a) Without limiting Section 8.02 or any other provision of 10.3, this Article VIII, the Guarantee Guaranty shall not be discharged or otherwise affected by any bankruptcy, reorganization reorganization, liquidation, dissolution or similar proceeding commenced by or against the Company, any Borrower Guarantor or any other GuarantorObligor, including (i) any discharge of, or bar or stay against collecting, all or any part of the Guarantied Obligations in or as a result of any such proceeding, whether or not assented to by the LendersBeneficiary, (ii) any disallowance of all or any portion of any the Beneficiary’s claim for repayment of the Guarantied 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 Lender the Beneficiary to file or enforce a claim against the Company, any Borrower Guarantor or any other Guarantor Obligor or its estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of any Lender's the Beneficiary’s rights that may occur in any such proceeding, (vii) any election by any Lender the Beneficiary under Section 1112(b)(21111(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 this GuaranteeGuaranty, it has specifically assumed any and all risks of any such proceeding with respect to the Borrowers Company and each other GuarantorObligor.

Bankruptcy No Discharge. (a) Without limiting Section 8.02 or any other provision of this Article VIII12.02, the no Subsidiary Guarantee shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against any Borrower the Company or any other Subsidiary Guarantor, including (i) any discharge of, or bar or stay against collecting, all or any part of the Company Obligations in or as a result of any such proceeding, whether or not assented to by the Lendersany Beneficiary, (ii) any disallowance of all or any portion of any Beneficiary’s claim for repayment of the Company 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 Lender Beneficiary to file or enforce a claim against any Borrower the Company or any other Guarantor obligor or its estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of any Lender's Beneficiary’s rights that may occur in any such proceeding, (vii) any election by any Lender Beneficiary under Section 1112(b)(2) of the Federal Bankruptcy Code, or (viii) any borrowing or grant of a Lien under Section 364 of the Federal Bankruptcy Code. Each Subsidiary Guarantor understands and acknowledges that by virtue of this its Subsidiary Guarantee, it has specifically assumed any and all risks of any such proceeding with respect to the Borrowers Company and each other Subsidiary Guarantor.

Bankruptcy No Discharge. (a) Without limiting Section 8.02 or any other provision of this Article VIII12.02, the no Subsidiary Guarantee shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against any Borrower the Company or any other Subsidiary Guarantor, including (i) any discharge of, or bar or stay against collecting, all or any part of the Company Obligations in or as a result of any such proceeding, whether or not assented to by the Lendersany Beneficiary, (ii) any disallowance of all or any portion of any Beneficiary's claim for repayment of the Company 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 Lender Beneficiary to file or enforce a claim against any Borrower the Company or any other Guarantor obligor or its estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of any LenderBeneficiary's rights that may occur in any such proceeding, (vii) any election by any Lender Beneficiary under Section 1112(b)(2) of the Federal Bankruptcy Code, or (viii) any borrowing or grant of a Lien under Section 364 of the Federal Bankruptcy Code. Each Subsidiary Guarantor understands and acknowledges that by virtue of this its Subsidiary Guarantee, it has specifically assumed any and all risks of any such proceeding with respect to the Borrowers Company and each other Subsidiary Guarantor.

Bankruptcy No Discharge. (a) Without limiting Section 8.02 or any other provision of hereof, this Article VIII, the Guarantee Guaranty shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against any Borrower or any other 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 the LendersPurchaser, (ii) any disallowance of all or any portion of any 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 any Lender Purchaser to file or enforce a claim against any Borrower Seller or any other Guarantor or its Guarantor’s estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of any Lender's Purchaser’s rights that may occur in any such proceeding, (vii) any election by any Lender Purchaser under Section 1112(b)(21111(b)(2) of the Bankruptcy Code, or (viii) any borrowing or grant of a Lien lien under Section 364 of the Bankruptcy Code. Each Guarantor understands and acknowledges that by virtue of this GuaranteeGuaranty, it has specifically assumed any and all risks of any such proceeding with respect to the Borrowers and each other GuarantorSeller.

Bankruptcy No Discharge. (a) 3.7.1. Without limiting Section 8.02 or any other provision of 3.3 this Article VIII, the Guarantee Guaranty shall not be discharged or otherwise affected by any bankruptcy, reorganization or similar proceeding commenced by or against the Borrower, any Borrower Guarantor or any other GuarantorObligor, 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 the Lendersany Lender Party, (ii) any disallowance of all or any portion of any Lender Party'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 Lender Party to file or enforce a claim against the Borrower, any Borrower Guarantor or any other Guarantor Obligor or its estate in any bankruptcy or reorganization case, (vi) any amendment, modification, stay or cure of any LenderLender Party's rights that may occur in any such proceeding, (vii) any election by any Lender Party under Section 1112(b)(21111(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 this GuaranteeGuaranty, it has specifically assumed any and all risks of any such proceeding with respect to the Borrowers Borrower and each other GuarantorObligor.