Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall cause Mortgage Borrower to, seek substantive consolidation of any of the foregoing into the bankrupt estate of Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving Guarantor.
Bankruptcy Related Covenants. To the extent permitted by applicable Legal Requirements, neither Borrower nor Operating Lessee shall seek substantive consolidation into the bankrupt estate of any Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall cause Senior Mezzanine Borrower or Mortgage Borrower or any other Mortgage Loan Party to, seek substantive consolidation of any of the foregoing into the bankrupt estate of Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving Guarantor.
Bankruptcy Related Covenants. (a) To the extent permitted by applicable law and not inconsistent with Borrower’s discharge of compliance with its fiduciary duty, as advised by counsel, Borrower shall not, nor shall Borrower cause or permit any Significant Party, Sponsor or Affiliated Manager, or any Related Party (as defined in the Guaranty) of any Significant Party, Sponsor or Affiliated Manager, to, seek substantive consolidation in connection with a proceeding under the Bankruptcy Code or any other Creditors’ Rights Laws of any Loan Party (other than the substantive consolidation of an Affiliated Manager with any other Person which is not a Loan Party).
Bankruptcy Related Covenants. To the extent permitted by applicable Legal Requirements, neither Borrower nor Leasehold Pledgor shall seek substantive consolidation into the bankrupt estate of any Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
Bankruptcy Related Covenants. To the extent permitted by applicable law, Borrower shall not, nor shall Borrower cause Mortgage Borrower or any Mortgage SPE Component Entity to, seek substantive consolidation of Borrower, Mortgage Borrower or any Mortgage SPE Component Entity into the bankruptcy estate of Guarantor or Sponsor in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving Guarantor or Sponsor.
Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, neither Borrower nor any other Loan Party shall seek, and shall not permit or cause Mortgage Borrower, Operating Lessee, any other Mortgage Loan Party or any Mezzanine A Loan Party to seek, substantive consolidation of any of the foregoing into the bankrupt estate of Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law (or similar law permitting a debtor to obtain a stay or a compromise of the claims of its creditors against it) involving Guarantor.
Bankruptcy Related Covenants. (a) To the extent permitted by applicable law and not inconsistent with Borrower’s discharge of compliance with its fiduciary duties, as advised by counsel, Borrower shall not, nor shall Borrower cause or permit Maryland Owner, Guarantor or Affiliated Manager, or any Related Party (as defined in the Guaranty) of any Borrower, Maryland Owner, Guarantor or Affiliated Manager to, seek substantive consolidation in connection with a proceeding under the Bankruptcy Code or any other Creditors’ Rights Laws of any Borrower, Maryland Owner, Guarantor or Affiliated Manager (other than the substantive consolidation of an Affiliated Manager with any other Person which is not a Borrower Party).
Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, Borrower shall not, and shall not cause Mortgage Borrower, Principal, Senior Mezzanine Borrower, Senior Mezzanine Pledgor, Operating Company or Leasehold Pledgor to, seek or consent to substantive consolidation of any of the foregoing into the bankrupt estate of any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, in connection with a case or proceeding under the Bankruptcy Code or under the Bankruptcy Code involving any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor.
Bankruptcy Related Covenants. (a) If the Chapter 11 Cases have been filed, the Borrower shall ensure that, (A) on or before the tenth (10th) calendar date after the Petition Date, the Bankruptcy Court enters, upon motion in form and substance reasonably satisfactory to the Arranger (the “Approval Motion”), on such prior notice as may be reasonably satisfactory to the Arranger, an interim order, in the form attached hereto as Exhibit O without any modification in any manner that is materially adverse to the rights or interests of any or all of the Administrative Agent and the Lenders (as determined in good faith by the Administrative Agent) (as amended or modified to the extent permitted under this Section 5.15, the “Interim Approval Order”); (B) the Interim Approval Order shall remain in full force and effect and shall not be stayed, reversed or vacated, or, without the prior written consent of the Administrative Agent and the Requisite Lenders, otherwise amended or modified in any manner that is materially adverse to the rights or interests of any or all of the Arranger, Administrative Agent and Lenders (as determined in good faith by the Administrative Agent); and (C) the Bankruptcy Court shall not enter any order (including any order approving any debtor-in-possession financing or cash collateral arrangement) that conflicts with or is inconsistent with any of the provisions of the Interim Approval Order in any material respect.
