Bankruptcy; Reinstatement. In the event Lender is not permitted or is otherwise unable (because of the pendency of any bankruptcy, insolvency, receivership or other proceeding) to demand or accelerate the Obligations, but otherwise would have been permitted to do so at such time pursuant to any Loan Document, Lender may demand payment in full, and may exercise and enforce any and all of its other rights, powers, privileges, remedies and interests under this Guaranty or the other Loan Documents to which Guarantor is a party or by which Guarantor may be bound or subject, in each case as if the Obligations had been duly demanded or accelerated, and Guarantor will not raise, and hereby expressly waives and releases, any claim or defense with respect to such deemed demand or acceleration. In the event any payment of or any application of any amount, asset or property to any of the Obligations or Guarantor Obligations, or any part thereof, at any time is rescinded or must otherwise be restored or returned by Lender upon the insolvency, bankruptcy or reorganization of Borrower, Guarantor, or any other person or entity, whether by order of any court, by any settlement approved by any court, or otherwise, then the terms and provisions of this Guaranty and the other Loan Documents shall continue to apply, or shall be reinstated if not then in effect, as the case may be, with respect to the Obligations or Guarantor Obligations so rescinded, restored or returned, all as though such payment or application had never been made.
Bankruptcy; Reinstatement. This Agreement is a legal, valid and binding obligation of each Grantor. This Agreement will remain in full force and effect and enforceable to the maximum extent provided in Section 510(a) of the Bankruptcy Code, and all references herein to a Grantor will be deemed to apply to such entity as debtor-in-possession and to any trustee in bankruptcy for the estate of such entity. Each Grantor further agrees that, if any payment made by any Grantor or other Person and applied to the Obligations is at any time annulled, avoided, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of Collateral are required to be returned by any the Secured Party or any Secured Party to such Grantor, its estate, trustee, receiver or any other party, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, any lien or security interest or other Collateral securing such liability shall be and remain in full force and effect, as fully as if such payment had never been made or, if prior thereto the lien or security interest granted hereby or other Collateral securing such liability hereunder shall have been released or terminated by virtue of such cancellation or surrender), such Lien or other Collateral shall be reinstated in full force and effect, and such prior cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect any Lien or other Collateral securing the obligations of any Grantor in respect of the amount of such payment. Notwithstanding any other provision of this Section, the Secured Party will be entitled to file any necessary pleadings, motions, objections or agreement which assert rights or interests available to unsecured creditors of any Grantor arising under either the Bankruptcy Code or applicable non-bankruptcy law.
Bankruptcy; Reinstatement. (a) The obligations of Guarantors hereunder shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any case or proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of Borrower or any other Guarantor or by any defense which Borrower or any other Guarantor may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding.
Bankruptcy; Reinstatement. In the event any payment of or any application of any amount, asset or property to any of the Obligations, or any part thereof, at any time is rescinded or must otherwise be restored or returned by the Lender upon the insolvency, bankruptcy or reorganization of any Borrower or Guarantor, whether by order of any court, by any settlement approved by any court, or otherwise, then the terms and provisions of this Agreement and the other Loan Documents shall continue to apply, or shall be reinstated if not then in effect, as the case may be, with respect to the Obligations so rescinded, restored or returned, all as though such payment or application had never been made.
Bankruptcy; Reinstatement a. The obligations of Guarantor under this Guaranty shall not be altered, limited or affected by any proceeding, voluntary or involuntary, involving the bankruptcy, reorganization, insolvency, receivership, liquidation or arrangement of NGP, or by any defense which NGP may have by reason of any order, decree or decision of any court or administrative body resulting from any such proceeding. Guarantor hereby irrevocably waives, to the extent it may do so under applicable law, any protection to which it may be entitled under Sections 365(c)(1), 365(c)(2) and 365(e)(2) of the United States Bankruptcy Code or equivalent provisions of the laws or regulations of any other jurisdiction with respect to any proceedings, or any successor provision of law of similar import, in the event of any bankruptcy, reorganization, insolvency, receivership, liquidation or arrangements of NGP.
Bankruptcy; Reinstatement. So long as any Guaranteed Obligations remain outstanding, the Guarantor shall not, without the prior written consent of the Collateral Agent acting pursuant to the instructions of the Applicable Authorized Representative, commence or join with any other Person in commencing any proceeding under any Debtor Relief Law of or against the Borrower, the Co-Borrower or other Grantor (it being understood and agreed, for the avoidance of doubt, that nothing in this Section 10 shall prohibit the Guarantor from commencing or joining with any Grantor as a co-debtor in any bankruptcy, reorganization or insolvency case or proceeding). The obligations of the Guarantor hereunder shall not be reduced, limited, impaired, discharged, deferred, suspended or terminated by any case or proceeding, voluntary or involuntary, involving the bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of the Borrower, the Co-Borrower or any other Grantor or by any defense which the Borrower, the Co-Borrower or any other Grantor may have by reason of the order, decree or decision of any court or administrative body resulting from any such proceeding. The Guarantor acknowledges and agrees that any interest on any portion of the Guaranteed Obligations which accrues after the commencement of any case or proceeding referred to in this Section 10 (or, if interest on any portion of the Guaranteed Obligations ceases to accrue by operation of law by reason of the commencement of such case or proceeding, such interest as would have accrued on such portion of the Guaranteed Obligations if such case or proceeding had not been commenced) shall be included in the Guaranteed Obligations because it is the intention of Guarantor and the First Lien Secured Parties that the Guaranteed Obligations which are Guaranteed by Guarantor pursuant hereto should be determined without regard to any rule of law or order which may relieve the Borrower or the Co-Borrower of any portion of such Guaranteed Obligations. The Guarantor will permit any trustee in bankruptcy, receiver, debtor in possession, assignee for the benefit of creditors or similar Person to pay the Collateral Agent, or allow the claim of the Collateral Agent in respect of, any such interest accruing after the date on which such case or proceeding is commenced. In the event that all or any portion of the Guaranteed Obligations are paid by the Borrower or the Co-Borrower, the obligations of the Guarantor hereunder shall continue...
Bankruptcy; Reinstatement. If any consideration transferred to the Bank hereunder shall be avoided in whole or in part or otherwise forfeited or refunded to a receiver, trustee, bankruptcy estate or otherwise, or the Bank is required to pay any claim arising out of the Loan Documents or any transaction related thereto, or the Bank agrees to pay any such amount as part of a compromise or settlement of pending or threatened claims, then the indebtedness due under the Notes shall be reinstated to the extent of such repayment and Borrowers shall pay over to the Bank all such amounts.
Bankruptcy; Reinstatement. Notwithstanding anything to the contrary herein, the liability of Borrowers hereunder shall be reinstated and revised, and the rights of Payee shall continue, with respect to any amount at any time paid by or on behalf of any Borrower on account of the Note which the Payee shall restore or return by reason of the bankruptcy, insolvency or reorganization under applicable bankruptcy laws, of any Borrower for any other reasons, all as though such amount had not been paid.
Bankruptcy; Reinstatement. Each Guarantor jointly and severally, unconditionally and irrevocably guarantees the payment of any and all of the Obligations of the Borrower to each of the Secured Creditors, whether or not due or payable by the Borrower, upon the occurrence in respect to the Borrower of any of the events specified in Section 7.1(f), and unconditionally promises to pay such Obligations to such Secured Creditor, or order, on demand, in lawful money of the United States. Each Guarantor further agrees that its guaranty hereunder shall continue to be effective or reinstated if at any time payment, or any part thereof, of the Obligations is rescinded or must otherwise be restored by any of the Secured Creditors, upon the bankruptcy or reorganization of the Borrower or a Guarantor, or otherwise.
Bankruptcy; Reinstatement. Guarantor shall not commence or join with any other party in commencing any bankruptcy, reorganization or insolvency proceedings of or against Energy Manager. Guarantor understands and acknowledges that by virtue of this Guarantee, Guarantor specifically has assumed any and all risks of a bankruptcy or reorganization case or similar proceeding with respect to Energy Manager. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of Owner’s rights which may occur in any bankruptcy or reorganization case or proceeding concerning Energy Manager, whether permanent or temporary, and whether or not assented to by Owner, Guarantor shall be obligated hereunder to perform all Obligations and all other obligations under this Guarantee.
