Common use of Bankruptcy of Borrower Clause in Contracts

Bankruptcy of Borrower. Neither the Guarantor's Obligations under this Guaranty Agreement nor any remedy for the enforcement hereof shall be impaired, modified, changed, released or limited in any manner whatsoever by the bankruptcy of the Borrower or by any impairment, modification, change, release or limitation of (i) the liability of the Borrower under any of the Loan Documents, any party assuming the obligations of the Borrower under any of the Loan Documents or the Borrower's estate in bankruptcy, or (ii) any remedy for the enforcement of the Credit Agreement or any other Loan Document which results from the operation of any present or further provision of any bankruptcy act, state or Federal law, common law or equitable cause or from the decision of any court. The Guarantor agrees that to the extent that the Borrower or any other Person liable for all or any part of the Lender Indebtedness makes a payment or payments to the Lenders, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be paid to a trustee, receiver or any other party under any bankruptcy act, state or Federal law, common law or equitable cause, then to the extent of such payment the Guarantor's Obligations or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made notwithstanding the termination of this Guaranty Agreement.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Hiland Holdings GP, LP), Credit Agreement (Hiland Partners, LP)

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Bankruptcy of Borrower. Neither the Guarantor's Obligations under obligations to make payment in accordance with the terms of this Guaranty Agreement nor any remedy for the enforcement hereof shall be impaired, modified, changed, released or limited in any manner whatsoever by the Borrower's bankruptcy of the Borrower or by any impairment, modification, change, release or limitation of (i) the liability of the Borrower under any of the Loan DocumentsBorrower, any party Person assuming the obligations of the Borrower under any of the Loan Documents or the Borrower's estate in bankruptcy, bankruptcy or (ii) any remedy for the enforcement of the Credit Agreement or any other Loan Document Obligations, either of which results result from the operation of any present or further provision of any bankruptcy act, state or Federal law, common law or equitable cause or from the decision of any court. The Guarantor agrees that to the extent that the Borrower or any other Person liable for all or any part of the Lender Indebtedness Obligations makes a payment or payments to the LendersBank, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be paid to a trustee, receiver or any other party Person under any bankruptcy act, state or Federal law, common law or equitable cause, then to the extent of such payment the Guarantor's Obligations or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made notwithstanding the termination of this Guaranty Agreementmade.

Appears in 2 contracts

Samples: Limited Guaranty and Suretyship Agreement (Glimcher Realty Trust), Limited Guaranty and Suretyship Agreement (Glimcher Realty Trust)

Bankruptcy of Borrower. Neither the Guarantor's ’s Obligations under this Guaranty Agreement nor any remedy for the enforcement hereof shall be impaired, modified, changed, released or limited in any manner whatsoever by the bankruptcy of the Borrower or by any impairment, modification, change, release or limitation of (i) the liability of the Borrower under any of the Loan Documents, any party assuming the obligations of the Borrower under any of the Loan Documents or the Borrower's ’s estate in bankruptcy, or (ii) any remedy for the enforcement of the Credit Agreement or any other Loan Document which results from the operation of any present or further provision of any bankruptcy act, state or Federal law, common law or equitable cause or from the decision of any court. The Guarantor agrees that to the extent that the Borrower or any other Person liable for all or any part of the Lender Indebtedness makes a payment or payments to the Lenders, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be paid to a trustee, receiver or any other party under any bankruptcy act, state or Federal law, common law or equitable cause, then to the extent of such payment the Guarantor's ’s Obligations or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made notwithstanding the termination of this Guaranty Agreement.

Appears in 1 contract

Samples: Credit Agreement (Natural Resource Partners Lp)

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Bankruptcy of Borrower. Neither the Guarantor's Obligations ’s obligations under this Guaranty Agreement nor any remedy for the enforcement hereof shall be impaired, modified, changed, released or limited in any manner whatsoever by the bankruptcy of the Borrower or by any impairment, modification, change, release or limitation of (i) the liability of the Borrower under any of the Loan Documents, any party assuming the obligations of the Borrower under any of the Loan Documents or the Borrower's ’s estate in bankruptcy, or (ii) any remedy for the enforcement of the Credit Agreement or any other Loan Document which results from the operation of any present or further provision of any bankruptcy act, state or Federal law, common law or equitable cause or from the decision of any court. The Guarantor agrees that to the extent that the Borrower or any other Person liable for all or any part of the Lender Indebtedness Obligations makes a payment or payments to the Lenders, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be paid to a trustee, receiver or any other party under any bankruptcy act, state or Federal law, common law or equitable cause, then to the extent of such payment the Guarantor's ’s Obligations or part thereof intended to be satisfied shall be revived and continued in full force and effect as if said payment had not been made notwithstanding the termination of this Guaranty Agreement.

Appears in 1 contract

Samples: Credit Agreement (Natural Resource Partners Lp)

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