Common use of BANKRUPTCY OR DEATH Clause in Contracts

BANKRUPTCY OR DEATH. If Guarantor becomes insolvent, fails to pay Guarantor's debts generally as they become due, voluntarily seeks (or consents to or acquiesces in) any benefits of any Debtor Law, or becomes a party to (or is made the subject of) any proceeding under any Debtor Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the Rights of Agent or any Lender under this guaranty, then, in any such event, the Guaranteed Debt is automatically (as between that Guarantor, Agent, and Lenders), a fully matured, due, and payable obligation of Guarantor to Agent and Lenders (without regard to whether Borrower is then in default under the Loan Agreement or whether any of the Obligation is then due and owing by Borrower), payable in full -- i.e., the estimated amount owing in respect of the contingent claim created under this guaranty -- by Guarantor to Agent and Lenders upon demand.

Appears in 1 contract

Samples: Loan Agreement (Matrix Capital Corp /Co/)

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BANKRUPTCY OR DEATH. If Guarantor becomes insolvent, fails to pay Guarantor's debts generally 1'~,erierally as they become due, voluntarily seeks (or consents to or acquiesces in) any benefits of any Debtor Law, or becomes a party to (or is made the subject of) any proceeding under any Debtor Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the Rights of Administrative Agent or any my Lender under this guaranty, then, in any such event, the Guaranteed Debt is automatically (as between that Guarantor, Administrative Agent, and Lenders), a fully matured, due, and payable obligation of Guarantor to Administrative Agent and Lenders (without regard to whether Borrower is then in default under the Loan Credit Agreement or whether any of the Obligation is then due and owing by Borrower), payable in full -- i.e.I.E., the estimated amount owing in respect of the contingent claim created under this guaranty -- by Guarantor to Administrative Agent and Lenders upon demand.

Appears in 1 contract

Samples: Credit Agreement (Cfi Mortgage Inc)

BANKRUPTCY OR DEATH. If Guarantor becomes insolvent, fails to pay Guarantor's debts generally as they become due, voluntarily seeks (or consents to or acquiesces in) any benefits of any Debtor Law, or becomes a party to (or is made the subject of) any proceeding under any Debtor Law (other than as a creditor or claimant) that could suspend or otherwise adversely affect the Rights of Administrative Agent or any Lender under this guaranty, then, in any such event, the Guaranteed Debt is automatically (as between that Guarantor, Administrative Agent, and Lenders), a fully matured, due, and payable obligation of Guarantor to Administrative Agent and Lenders (without regard to whether Borrower is then in default under the Loan Agreement or whether any of the Obligation is then due and owing by Borrower), payable in full -- full, i.e., the estimated amount owing in respect of the contingent claim created under this guaranty -- guaranty, by Guarantor to Administrative Agent and Lenders upon demand.

Appears in 1 contract

Samples: Matrix Bancorp Inc

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BANKRUPTCY OR DEATH. If Guarantor becomes insolvent, fails to pay Guarantor's debts generally as they become due, voluntarily seeks (or consents to or acquiesces in) any benefits of any Debtor Law, or becomes a party to (or is made the subject of) any proceeding under any Debtor Law (other than as a creditor or claimant) that could reasonably likely suspend or otherwise adversely affect the Rights of Administrative Agent or any Lender under this guaranty, then, in any such event, the Guaranteed Debt is automatically (as between that Guarantor, Administrative Agent, and Lenders), a fully matured, due, and payable obligation of Guarantor to Administrative Agent and Lenders (without regard to whether any Co-Borrower is then in default under the Loan Credit Agreement or whether any of the Obligation is then due and owing by any Co-Borrower), payable in full -- (i.e., the estimated amount owing in respect of the contingent claim created under this guaranty -- guaranty) by Guarantor to Administrative Agent and Lenders upon demand.

Appears in 1 contract

Samples: Credit Agreement (American Business Financial Services Inc /De/)

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