Common use of Bankruptcy Related Covenants Clause in Contracts

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.

Appears in 2 contracts

Samples: Management Agreement (ESH Hospitality LLC), Management Agreement (ESH Hospitality LLC)

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Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirementslaw, Borrower shall not, nor shall Borrower cause Senior Mezzanine Borrower or Mortgage Borrower or any other Mortgage Loan Party Mezzanine A Borrower to, seek substantive consolidation of any of the foregoing Borrower, Mezzanine A Borrower or Mortgage Borrower into the bankrupt bankruptcy estate of Guarantor in connection with a proceeding under the Bankruptcy Code or under any other federal, state or foreign insolvency law involving Guarantor.

Appears in 2 contracts

Samples: Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine B Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

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Bankruptcy Related Covenants. (a) To the extent permitted by applicable Legal Requirements, Borrower shall not, nor shall cause Senior Mezzanine Borrower or A Borrower, Mortgage Borrower or any other Mortgage Loan Party Operating Lessee 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.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

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