Common use of Bankruptcy Petition Filing Clause in Contracts

Bankruptcy Petition Filing. Notwithstanding the right otherwise provided to Trustor to collect rent and other payments pursuant to the Leases while Trustor is not in default under the Notes or this Deed of Trust, if there is filed any petition in bankruptcy by or against any lessee under any of the Leases or there is appointed a receiver or trustee to take possession of all or a substantial portion of the assets of such lessee or there is a general assignment by such lessee for the benefit of creditors, or any action is taken by or against such lessee under any state or federal insolvency law or bankruptcy act, or any similar law now or hereafter in effect, Beneficiary is appointed a creditor of such lessee and is entitled to recover on any claim or right of recovery that Trustor may have against such lessee or its receiver or trustee; provided, however, that Beneficiary shall not be obligated to pursue any such claim or right of recovery.

Appears in 13 contracts

Samples: Leasehold Deed of Trust (Herbst Gaming Inc), Deed of Trust (Herbst Gaming Inc), Leasehold Deed of Trust (Herbst Gaming Inc)

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