Common use of Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty Clause in Contracts

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) ------------------------------------------------------------- So long as any Guarantied Obligations remain outstanding, no Guarantor shall, without the prior written consent of Collateral Agent and Requisite Obligees (as such term is defined in the Intercreditor Agreement), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against Borrower. The obligations of Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of Borrower or by any defense which Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Total Renal Care Holdings Inc), Subsidiary Guaranty (Total Renal Care Holdings Inc)

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Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) ------------------------------------------------------------- So -------------------------------------------------------------- long as any Guarantied Obligations remain outstanding, no Guarantor shall, without the prior written consent of Collateral Agent and Guarantied Party acting pursuant to the instructions of Requisite Obligees (as such term is defined in the Intercreditor Agreementsubsection 3.12), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against BorrowerCompany. The obligations of Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of Borrower Company or by any defense which Borrower Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Pledge and Security Agreement (Anthony Crane Rental Lp)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So ------------------------------------------------------------- So long as any Guarantied Obligations remain outstanding, no Guarantor shall, without the prior written consent of Collateral Agent and Guarantied Party acting pursuant to the instructions of Requisite Obligees (as such term is defined in the Intercreditor Agreementsubsection 3.14), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against BorrowerCompany. The obligations of Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of Borrower Company or by any defense which Borrower Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Subsidiary Guaranty (Sandhills Inc)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) ------------------------------------------------------------- So -------------------------------------------------------------- long as any Guarantied Obligations remain outstanding, no each Guarantor shallshall not, without the prior written consent of Collateral Agent and Guarantied Party acting pursuant to the instructions of Requisite Obligees (as such term is defined in the Intercreditor Agreementsubsection 3.12), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against BorrowerCompany. The obligations of Guarantors each Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of Borrower Company or by any defense which Borrower Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding. The agreements of each Guarantor in this subsection 2.14(a) shall not alter or impair its rights as a shareholder of Borrower.

Appears in 1 contract

Samples: Pledge and Security Agreement (Anthony Crane Rental Lp)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So ------------------------------------------------------------- So long as any Guarantied Obligations remain outstanding, no Guarantor shall, without the prior written consent of Collateral Agent and Guarantied Party acting pursuant to the instructions of Requisite Obligees (as such term is defined in the Intercreditor Agreement)Lenders, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against BorrowerCompany. The obligations of Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of Borrower Company or by any defense which Borrower Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Diamond Brands Operating Corp

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Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) ------------------------------------------------------------- So long as any Guarantied Obligations remain outstanding, no Guarantor shall, without the prior written consent of Collateral Agent and Guarantied Party acting pursuant to the instructions of Requisite Obligees (as such term is defined in the Intercreditor Agreementsubsection 4.14), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against Borrower. The obligations of Guarantors under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of Borrower or by any defense which Borrower may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Security Agreement (Isle of Capri Casinos Inc)

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) ------------------------------------------------------------- So long as any Guarantied Obligations remain outstanding, no Guarantor shallshall not, without the prior written consent of Collateral Agent and Requisite Obligees (as such term is defined Guarantied Party in accordance with the Intercreditor terms of the Note Purchase Agreement), commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against BorrowerCompany. The obligations of Guarantors Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of Borrower Company or by any defense which Borrower Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Sahara Gaming Corp

Bankruptcy; Post-Petition Interest; Reinstatement of Guaranty. (a) So ------------------------------------------------------------- So long as any Guarantied Obligations remain outstanding, no Guarantor shallshall not, without the prior written consent of Collateral Agent and Guarantied Party acting pursuant to the instructions of Requisite Obligees (as such term is defined in the Intercreditor Agreement)Lenders, commence or join with any other Person in commencing any bankruptcy, reorganization or insolvency proceedings of or against BorrowerCompany. The obligations of Guarantors Guarantor under this Guaranty shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of Borrower Company or by any defense which Borrower Company may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.

Appears in 1 contract

Samples: Diamond Brands Operating Corp

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