Common use of Bankruptcy of Borrower Clause in Contracts

Bankruptcy of Borrower. Neither the Guarantor's 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 or by any impairment, modification, change, release or limitation of (i) the liability of any of the Borrower, any Person 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 Obligations, either of which 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 Obligations makes a payment or payments to the Bank, 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 Person under any bankruptcy act, state or Federal law, common law or equitable cause, then to the extent of such payment the 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.

Appears in 2 contracts

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

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Bankruptcy of Borrower. Neither the Guarantor's obligations to make payment in accordance with the terms of 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 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 BorrowerLoan Documents, any Person party 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 Obligations, either of Credit Agreement or any other Loan Document which result 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 Obligations Lender Indebtedness makes a payment or payments to the BankLenders, 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 Person 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 mademade notwithstanding the termination of this Guaranty Agreement.

Appears in 2 contracts

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

Bankruptcy of Borrower. Neither the Guarantor's obligations to make payment in accordance with the terms of ’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 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 BorrowerLoan Documents, any Person party assuming the obligations of the Borrower under any of the Loan Documents or the Borrower's ’s estate in bankruptcy bankruptcy, or (ii) any remedy for the enforcement of the Obligations, either of Credit Agreement or any other Loan Document which result 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 Obligations Lender Indebtedness makes a payment or payments to the BankLenders, 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 Person 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 mademade 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 ’s obligations to make payment in accordance with the terms of 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 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 BorrowerLoan Documents, any Person party assuming the obligations of the Borrower under any of the Loan Documents or the Borrower's ’s estate in bankruptcy bankruptcy, or (ii) any remedy for the enforcement of the Obligations, either of Credit Agreement or any other Loan Document which result 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 Obligations makes a payment or payments to the BankLenders, 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 Person 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 mademade notwithstanding the termination of this Guaranty Agreement.

Appears in 1 contract

Samples: Credit Agreement (Natural Resource Partners Lp)

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