Common use of Bankruptcy Related Covenants Clause in Contracts

Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall seek substantive consolidation 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. (b) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall seek substantive consolidation into the bankrupt estate of Indemnitor 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 Indemnitor. (c) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall, nor shall Borrower, Operating Lessee or any other Loan Party cause or permit Mezzanine Borrower, Guarantor, Indemnitor, any other 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 Borrower, Operating Lessee or any other Loan Party. (d) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall, nor shall Borrower, Operataing Lessee or any other Loan Party cause or permit Mezzanine Borrower, Guarantor, Indemnitor, any other Restricted Party, or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from Guarantor, Indemnitor or any Affiliate of Guarantor and/or Indemnitor, or any other Restricted Party, any debtor-in-possession financing on behalf of Guarantor and/or Indemnitor in the event that Guarantor and/or Indemnitor is the subject of 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 and/or Indemnitor.

Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, neither Borrower shall not, and shall not cause Mortgage Borrower, nor Principal, Operating Lessee nor any other Loan Party shall Company or Leasehold Pledgor to, seek or consent to substantive consolidation of any of the foregoing into the bankrupt estate of Guarantor 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 federalthe Bankruptcy Code involving any guarantor or indemnitor with respect to the Loan, 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 including, without limitation, Guarantor. (b) To the extent permitted by applicable Legal Requirements, neither BorrowerBorrower shall not, nor Operating Lessee nor any other Loan Party and shall seek substantive consolidation into the bankrupt estate of Indemnitor in connection with a proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law (or similar law permitting a debtor not cause Mortgage Borrower to obtain a stay or a compromise of the claims of its creditors against it) involving Indemnitor. (c) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall, nor shall Borrower, Operating Lessee or any other Loan Party cause or permit Operating Company, Leasehold Pledgor, Junior Mezzanine Borrower, Guarantor, Indemnitor, any other Restricted Party, any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, 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 case or proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving Borrowerany guarantor or indemnitor with respect to the Loan, Operating Lessee or any other Loan Partyincluding, without limitation, Guarantor. (dc) To the extent permitted by applicable Legal Requirements, neither BorrowerBorrower shall not, nor Operating Lessee nor any other Loan Party shall, nor and shall Borrower, Operataing Lessee or any other Loan Party not cause Mortgage Borrower to cause or permit Operating Company, Leasehold Pledgor, Junior Mezzanine Borrower, Guarantor, Indemnitor, any other Restricted Party, any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, Indemnitor or any Affiliate of Guarantor and/or Indemnitorany guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, or any other Restricted Party, any debtor-in-possession financing on behalf of Guarantor and/or Indemnitor any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, in the event that any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor and/or Indemnitor is the subject of a case or proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law (involving any guarantor or similar law permitting a debtor indemnitor with respect to obtain a stay or a compromise of the claims of its creditors against it) involving Guarantor and/or IndemnitorLoan, including, without limitation, Guarantor.

Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee Borrower nor any other Loan Party shall seek 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. (b) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee Borrower nor any other Loan Party shall seek 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 Indemnitor 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 Indemnitor. (c) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee Borrower nor any other Loan Party shall, nor shall Borrower, Operating Lessee Borrower or any other Loan Party cause or permit Mortgage Borrower, Mezzanine A Borrower, Guarantor, Indemnitor, any other 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 Borrower, Operating Lessee Borrower or any other Loan Party. (d) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee Borrower nor any other Loan Party shall, nor shall Borrower, Operataing Lessee Borrower or any other Loan Party cause or permit Mortgage Borrower, Mezzanine A Borrower, Guarantor, Indemnitor, any other Restricted Party, or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from Guarantor, Indemnitor or any Affiliate of Guarantor and/or Indemnitor, or any other Restricted Party, any debtor-in-possession financing on behalf of Guarantor and/or Indemnitor in the event that Guarantor and/or Indemnitor is the subject of 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 and/or Indemnitor.

Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirementslaw and not inconsistent with Borrower’s discharge of compliance with its fiduciary duties, neither 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, nor Operating Lessee nor any other Loan Party shall Maryland Owner, Guarantor or Affiliated Manager to, seek substantive consolidation into the bankrupt estate of Guarantor in connection with a proceeding under the Bankruptcy Code or under federalany other Creditors’ Rights Laws of any Borrower, state Maryland Owner, Guarantor or foreign insolvency law Affiliated Manager (or similar law permitting other than the substantive consolidation of an Affiliated Manager with any other Person which is not a debtor to obtain a stay or a compromise of the claims of its creditors against it) involving GuarantorBorrower Party). (b) To the extent permitted by applicable Legal Requirementslaw and not inconsistent with Borrower’s discharge of compliance with its fiduciary duties, neither Borroweras advised by counsel, nor Operating Lessee nor any other Loan Party Borrower shall seek substantive consolidation into the bankrupt estate of Indemnitor 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 Indemnitor. (c) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shallnot, nor shall Borrower, Operating Lessee or any other Loan Party Borrower cause or permit Mezzanine BorrowerMaryland Owner, Guarantor, Indemnitor, any other Restricted PartyGuarantor or Affiliated Manager, or any Affiliate Related Party (as defined in the Guaranty) 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 Borrower, Operating Lessee Maryland Owner, Guarantor or any other Loan Party. (d) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall, nor shall Borrower, Operataing Lessee or any other Loan Party cause or permit Mezzanine Borrower, Guarantor, Indemnitor, any other Restricted Party, or any Affiliate of the foregoing Affiliated Manager to, provide, originate, acquire an interest in or solicit (in writing) or accept from Guarantor, Indemnitor or any Affiliate Related Party (as defined in the Guaranty) of Guarantor and/or Indemnitor, or any other Restricted PartyBorrower, Maryland Owner, Guarantor or Affiliated Manager any debtor-in-possession financing on behalf of any Borrower, Maryland Owner, Guarantor and/or Indemnitor or Affiliated Manager in the event that such Borrower, Maryland Owner, Guarantor and/or Indemnitor or Affiliated Manager is the subject of a proceeding under the Bankruptcy Code or under federal, state any other Creditors’ Rights Laws (other than debtor-in-possession financing provided to or foreign insolvency law (or similar law permitting on behalf of an Affiliated Manager by a debtor to obtain Person which is not a stay or Borrower Party in a compromise proceeding of the claims of its creditors against it) involving Guarantor and/or Indemnitorsuch Affiliated Manager which involves no other Borrower Party).

Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee Borrower nor any other Loan Party shall seek seek, and shall not permit or cause Mortgage Borrower, Operating Lessee 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 (or similar law permitting a debtor to obtain a stay or a compromise of the claims of its creditors against it) involving Guarantor. (b) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee Borrower nor any other Loan Party shall seek seek, and shall not permit or cause Mortgage Borrower, Operating Lessee or any other Mortgage Loan Party to seek, substantive consolidation of any of the foregoing into the bankrupt estate of Indemnitor 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 Indemnitor. (c) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee Borrower nor any other Loan Party shall, nor shall Borrower, Operating Lessee Borrower or any other Loan Party cause or permit Mortgage Borrower, Mezzanine B Borrower, Guarantor, Indemnitor, any other 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 Borrower, Operating Lessee Borrower or any other Loan Party. (d) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee Borrower nor any other Loan Party shall, nor shall Borrower, Operataing Lessee Borrower or any other Loan Party cause or permit Mortgage Borrower, Mezzanine B Borrower, Guarantor, Indemnitor, any other Restricted Party, or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from Guarantor, Indemnitor or any Affiliate of Guarantor and/or Indemnitor, or any other Restricted Party, any debtor-in-possession financing on behalf of Guarantor and/or Indemnitor in the event that Guarantor and/or Indemnitor is the subject of 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 and/or Indemnitor.

Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, neither Borrower shall not, and shall not cause Mortgage Borrower, nor Principal, Senior Mezzanine Borrower, Senior Mezzanine Pledgor, Operating Lessee nor any other Loan Party shall Company or Leasehold Pledgor to, seek or consent to substantive consolidation of any of the foregoing into the bankrupt estate of Guarantor 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 federalthe Bankruptcy Code involving any guarantor or indemnitor with respect to the Loan, 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 including, without limitation, Guarantor. (b) To the extent permitted by applicable Legal Requirements, neither BorrowerBorrower shall not, nor Operating Lessee nor any other Loan Party and shall seek substantive consolidation into the bankrupt estate of Indemnitor in connection with a proceeding under the Bankruptcy Code not cause Mortgage Borrower or under federal, state or foreign insolvency law (or similar law permitting a debtor Senior Mezzanine Borrower to obtain a stay or a compromise of the claims of its creditors against it) involving Indemnitor. (c) To the extent permitted by applicable Legal Requirements, neither Borrower, nor Operating Lessee nor any other Loan Party shall, nor shall Borrower, Operating Lessee or any other Loan Party cause or permit Operating Company, Leasehold Pledgor, Senior Mezzanine Borrower, Guarantor, Indemnitor, any other Restricted Party, any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, 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 case or proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving Borrowerany guarantor or indemnitor with respect to the Loan, Operating Lessee or any other Loan Partyincluding, without limitation, Guarantor. (dc) To the extent permitted by applicable Legal Requirements, neither BorrowerBorrower shall not, nor Operating Lessee nor any other Loan Party shall, nor and shall Borrower, Operataing Lessee not cause Senior Mezzanine Borrower or any other Loan Party Mortgage Borrower to cause or permit Operating Company, Leasehold Pledgor, Senior Mezzanine Borrower, Guarantor, Indemnitor, any other Restricted Party, any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, or any Affiliate of the foregoing to, provide, originate, acquire an interest in or solicit (in writing) or accept from any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, Indemnitor or any Affiliate of Guarantor and/or Indemnitorany guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, or any other Restricted Party, any debtor-in-possession financing on behalf of Guarantor and/or Indemnitor any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor, in the event that any guarantor or indemnitor with respect to the Loan, including, without limitation, Guarantor and/or Indemnitor is the subject of a case or proceeding under the Bankruptcy Code or under federal, state or foreign insolvency law (involving any guarantor or similar law permitting a debtor indemnitor with respect to obtain a stay or a compromise of the claims of its creditors against it) involving Guarantor and/or IndemnitorLoan, including, without limitation, Guarantor.