Bankruptcy Related Covenants. To the extent permitted by applicable Legal Requirements, Borrower shall not 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. (a) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall Borrower cause or permit Approved Mezzanine Borrower, Guarantor, any other Loan Party, or any Affiliate of the foregoing to, contest, oppose or object to any motion made by Lender to obtain relief from the automatic stay or seek to reinstate the automatic stay in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving any Guarantor. (b) To the extent permitted by applicable Legal Requirements, Borrower shall not, and shall not cause or permit any Approved Mezzanine Borrower, any Guarantor, or any other Loan Party or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from any Guarantor or any Affiliate of any Guarantor, any debtor-in-possession financing on behalf of any Guarantor in the event that any Guarantor is the subject of a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc), Mezzanine Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Bankruptcy Related Covenants. To the extent permitted by applicable Legal Requirements, Borrower shall not 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.
(a) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall Borrower cause or permit Approved any Mezzanine Borrower, any Guarantor, any other Loan Partyother, or any Affiliate of the foregoing to, contest, oppose or object to any motion made by Lender to obtain relief from the automatic stay or seek to reinstate the automatic stay in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving any Guarantor.
(b) To the extent permitted by applicable Legal Requirements, Borrower shall not, and shall not cause or permit any Approved Mezzanine Borrower, Borrower or any Guarantor, or any other Loan Party or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from any Guarantor or any Affiliate of any Guarantor, any debtor-in-possession financing on behalf of any Guarantor in the event that any Guarantor is the subject of a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
Appears in 2 contracts
Samples: Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Bankruptcy Related Covenants. To the extent permitted by applicable Legal Requirements, Borrower shall not not, nor shall cause Mortgage Borrower to not, seek substantive consolidation of Borrower or Mortgage Borrower into the bankrupt bankruptcy estate of any Guarantor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
(a) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall cause Mortgage Borrower cause or permit Approved Mezzanine Borrower, Guarantor, any other Loan Party, or any Affiliate of the foregoing to, contest, oppose or object to any motion made by Agent or any Lender to obtain relief from the automatic stay or seek to reinstate the automatic stay in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving any Guarantor.
(b) To the extent permitted by applicable Legal Requirements, Borrower shall not, and nor shall not cause or permit any Approved Mezzanine Borrower, any Guarantor, or any other Loan Party or any Affiliate of the foregoing Mortgage Borrower to, provide, originate, acquire an interest in or solicit (in writing) or accept from any Guarantor or any Affiliate of any Guarantor, or Borrower Affiliate, any debtor-in-possession financing on behalf of any Guarantor in the event that any Guarantor is the subject of a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
Appears in 2 contracts
Samples: First Mezzanine Loan Agreement (Clipper Realty Inc.), Mezzanine Loan Agreement (Clipper Realty Inc.)
Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, Borrower shall not not, nor shall cause Mortgage Borrower or Operating Lessee to, seek substantive consolidation of any of the foregoing 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.
(ab) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall cause Mortgage Borrower or Operating Lessee to, cause or permit Approved any Mezzanine B Borrower, Guarantor, any other Loan Restricted Party, or any Affiliate of the foregoing to, contest, oppose or object to any motion made by Lender to obtain relief from the automatic stay or seek to reinstate the automatic stay in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving any Guarantor.
(bc) To the extent permitted by applicable Legal Requirements, Borrower shall not, and nor shall not cause Mortgage Borrower or Operating Lessee to, cause or permit any Approved Mezzanine B Borrower, any Guarantor, or any other Loan Party Restricted Party, or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from any Guarantor or any Affiliate of Guarantor, or any Guarantorother Restricted Party, any debtor-in-possession financing on behalf of any Guarantor in the event that any Guarantor is the subject of a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law involving any Guarantor.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Strategic Hotels & Resorts, Inc)