Common use of Claims in Bankruptcy Clause in Contracts

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief or other insolvency proceedings involving Guarantor as debtor, Lender shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to Lender. Should Lender receive, for application upon the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, and which, as between Borrower and Guarantor, shall constitute a credit upon the Guarantor Claims, then upon payment to Lender in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender to the extent that such payments to Lender on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender had not received dividends or payments upon the Guarantor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief relief, or other insolvency proceedings involving Guarantor Support Provider as debtor, Lender Indenture Trustee shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Support Provider Claims. Guarantor Support Provider hereby assigns such dividends and payments to LenderIndenture Trustee. Should Lender Indenture Trustee receive, for application upon the Guaranteed Obligations, any such dividend or payment which is otherwise payable to GuarantorSupport Provider, and which, as between Borrower Issuers and GuarantorSupport Provider, shall constitute a credit upon the Guarantor Support Provider Claims, then upon payment to Lender Indenture Trustee in full of the Guaranteed Obligations, Guarantor Support Provider shall become subrogated to the rights of Lender Indenture Trustee to the extent that such payments to Lender Indenture Trustee on the Guarantor Support Provider Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender Indenture Trustee had not received dividends or payments upon the Guarantor Support Provider Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief relief, or other insolvency proceedings involving Guarantor Borrower as debtor, Lender shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Carveout Indemnitor Claims. Guarantor Carveout Indemnitor hereby assigns such dividends and payments to Lender. Should Lender receive, for application upon the Guaranteed Obligations, any such dividend or payment which is otherwise payable to GuarantorCarveout Indemnitor, and which, as between Borrower and GuarantorCarveout Indemnitor, shall constitute a credit upon the Guarantor Carveout Indemnitor Claims, then upon payment to Lender in full of the Guaranteed Obligations, Guarantor Carveout Indemnitor shall become subrogated to the rights of Lender to the extent that such payments to Lender on the Guarantor Carveout Indemnitor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion amount of the Guaranteed Obligations which would have been unpaid if Lender had not received dividends or payments upon the Guarantor Carveout Indemnitor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief relief, or other insolvency proceedings involving Guarantor as debtor, Lender shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to Lender. Should Lender receive, for application upon against the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, and which, as between Borrower and/or Operating Lessee, on the one hand, and Guarantor, on the other hand, shall constitute a credit upon against the Guarantor Claims, then upon payment to Lender in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender to the extent that such payments to Lender on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender had not received dividends or payments upon the Guarantor Claims, provided, however, that Guarantor shall have no such subrogation rights until repayment in full of the Debt.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief relief, or other insolvency proceedings involving Guarantor as debtor, Lender Note B Holder shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to LenderNote B Holder. Should Lender Note B Holder receive, for application upon against the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, Guarantor and which, as between Borrower and Guarantor, shall constitute a credit upon against the Guarantor Claims, then then, upon payment to Lender Note B Holder in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender Note B Holder to the extent that such payments to Lender Note B Holder on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender Note B Holder had not received dividends or payments upon the Guarantor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief relief, or other insolvency proceedings involving Guarantor as debtor, Lender Lenders shall have the right to prove its claim their claims in any such proceeding so as to establish its their rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims; provided, that the amount of such Guarantor Claims shall be subject to the maximum aggregate liability limitations set forth in Section 1.1(c) hereof. Guarantor hereby assigns such dividends and payments to LenderAdministrative Agent for the ratable benefits of Lenders. Should Lender Lenders (or Administrative Agent, on behalf of Lenders) receive, for application upon the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, and which, as between Borrower or any Subsidiary of Borrower and Guarantor, shall constitute a credit upon the Guarantor Claims, then upon payment to Lender Lenders in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender Lenders to the extent that such payments to Lender Lenders on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender Lenders had not received dividends or payments upon the Guarantor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief relief, or other insolvency proceedings involving Guarantor Sponsor as debtor, Lender the Indenture Trustee shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Sponsor Claims. Guarantor Sponsor hereby assigns such dividends and payments to Lenderthe Indenture Trustee. Should Lender Indenture Trustee receive, for application upon the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantorthe Sponsor, and which, as between Borrower the Issuer and Guarantorthe Sponsor, shall constitute a credit upon the Guarantor Sponsor Claims, then upon payment to Lender the Indenture Trustee in full of the Guaranteed Obligations, Guarantor the Sponsor shall become subrogated to the rights of Lender the Indenture Trustee to the extent that such payments to Lender the Indenture Trustee on the Guarantor Sponsor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender the Indenture Trustee had not received dividends or payments upon the Guarantor Sponsor Claims.. 116991368\V-8

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of any receivership, bankruptcy, reorganization, arrangement, debtor’s relief 's relief, or other insolvency proceedings proceeding involving Guarantor as debtor, Lender shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to LenderLender but only to the extent that the indebtedness has not been paid in full. Should Lender receive, for application upon against the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, Guarantor and which, as between Borrower and Guarantor, shall constitute a credit upon against the Guarantor Claims, then upon full payment and performance to Lender in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender to the extent that such payments to Lender on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender had not received dividends or payments upon the Guarantor Claims.. 641933; Miami-Dade County, Florida

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of any receivership, bankruptcy, reorganization, arrangement, debtor’s relief 's relief, or other insolvency proceedings proceeding involving Guarantor as debtor, Lender shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to LenderLender but only to the extent that the indebtedness has not been paid in full. Should Lender receive, for application upon against the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, Guarantor and which, as between Borrower and Guarantor, shall constitute a credit upon against the Guarantor Claims, then upon full payment and performance to Lender in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender to the extent that such payments to Lender on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender had not received dividends or payments upon the Guarantor Claims.. GUARANTY AGREEMENT (CARVEOUT) – Page 14 667146; Miami-Dade County, Florida

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of any receivership, bankruptcy, reorganization, arrangement, debtor’s relief or other insolvency proceedings proceeding involving any Guarantor as a debtor, Lender Landlord shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to LenderLandlord. Should Lender Landlord receive, for application upon against the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, any Guarantor and which, as between Borrower Tenant and Guarantor, shall constitute a credit upon against the Guarantor Claims, then then, upon payment to Lender Landlord in full of the Obligations and the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender Landlord to the extent that such payments to Lender Landlord on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender Landlord had not received dividends or payments upon the Guarantor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment such time as the Loan is indefeasibly paid in full of the Obligationfull, in the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief 's relief, or other insolvency proceedings involving Guarantor as debtor, Lender shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to Lender. Should Lender receive, for application upon the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, and which, as between Borrower and Guarantor, shall constitute a credit upon the Guarantor Claims, then upon payment to Lender in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender to the extent that such payments to Lender on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender had not received dividends or payments upon the Guarantor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of any receivership, bankruptcy, reorganization, arrangement, debtor’s relief 's relief, or other insolvency proceedings proceeding involving Guarantor as debtor, Lender shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to LenderLender but only to the extent that the Indebtedness has not been paid in full. Should Lender receive, for application upon against the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, Guarantor and which, as between Borrower and Guarantor, shall constitute a credit upon against the Guarantor Claims, then upon full payment and performance to Lender in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender to the extent that such payments to Lender on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender had not received dividends or payments upon the Guarantor Claims.. 641939; Miami-Dade County, Florida

Claims in Bankruptcy. Until receipt by Lender of payment Except to the extent expressly provided in full of the ObligationIntercreditor Agreement, in the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief relief, or other insolvency proceedings involving Guarantor the Counterparty or any other Transaction Party or any of their respective Subsidiaries, as debtor, Lender the Hedge Provider shall have the right to prove its their claim in any such proceeding proceeding, so as to establish its their rights hereunder and receive directly from the receiver, trustee or other court custodian custodian, dividends and payments which would otherwise be payable upon Guarantor Claims. Each Guarantor hereby assigns such dividends and payments to Lenderthe Hedge Provider. Should Lender receiveIf the Hedge Provider receives, for application upon towards the Guaranteed Obligations, any such dividend or payment which is otherwise payable to any Guarantor, and which, as between Borrower either the Counterparty or any Subsidiary of the Counterparty and any Guarantor, shall constitute a credit upon the Guarantor Claims, then upon payment to Lender and performance in full of the Guaranteed Obligations, the termination or expiration of the Commitments, and the termination or expiration of all Hedging Transactions and all Transaction Documents, such Guarantor shall become subrogated to the rights of Lender the Hedge Provider to the extent that such payments to Lender the Hedge Provider on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, Obligations and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender the Hedge Provider had not received dividends or payments upon the Guarantor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of any receivership, bankruptcy, reorganization, arrangement, debtor’s relief 's relief, or other insolvency proceedings proceeding involving Guarantor as debtor, Lender shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to LenderLender but only to the extent that the indebtedness has not been paid in full. Should Lender receive, for application upon against the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, Guarantor and which, as between Borrower and Guarantor, shall constitute a credit upon against the Guarantor Claims, then upon full payment and performance to Lender in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender to the extent that such payments to Lender on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender had not received dividends or payments upon the Guarantor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief relief, or other insolvency proceedings involving Guarantor as debtorany Grantor, Lender the Collateral Trustee on behalf of the Secured Parties shall have the right to prove its their claim in any such proceeding proceeding, so as to establish its their rights hereunder and receive directly from the receiver, trustee or other court custodian custodian, dividends and payments which would otherwise be payable upon Guarantor Grantor Claims. Guarantor Each Grantor hereby assigns such dividends and payments to Lenderthe Collateral Trustee for the benefit of the Secured Parties for application against the Parity Lien Obligations as provided under Section 3.4 of the Collateral Trust Agreement. Should Lender any Secured Party receive, for application upon the Guaranteed Parity Lien Obligations, any such dividend or payment which is otherwise payable to Guarantorany Grantor, and which, as between Borrower and Guarantorsuch Grantors, shall constitute a credit upon the Guarantor Grantor Claims, then upon payment to Lender in full the Discharge of the Guaranteed Second Lien Obligations, Guarantor the intended recipient shall become subrogated to the rights of Lender the Collateral Trustee and the other Secured Parties to the extent that such payments to Lender the Collateral Trustee and the other Secured Parties on the Guarantor Grantor Claims have contributed toward the liquidation of the Guaranteed Parity Lien Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Parity Lien Obligations which would have been unpaid if Lender the Collateral Trustee and the other Secured Parties had not received dividends or payments upon the Guarantor Grantor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of any receivership, bankruptcy, reorganization, arrangement, debtor’s relief or other insolvency proceedings proceeding involving Guarantor as a debtor, Lender Seller shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends dividends, distributions and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends dividends, distributions and payments to LenderSeller. Should Lender Seller receive, for application upon against the Guaranteed Obligations, any such dividend dividend, distribution or payment which is otherwise payable to Guarantor, Guarantor and which, as between Borrower Buyer and Guarantor, shall constitute a credit upon against the Guarantor Claims, then then, upon payment and performance to Lender Seller in full of the Obligations and the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender Seller to the extent that such payments to Lender Seller on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender Seller had not received dividends dividends, distributions or payments upon the Guarantor Claims.

Claims in Bankruptcy. Until receipt by Lender of payment in full of the Obligation, in In the event of any receivership, bankruptcy, reorganization, arrangement, debtor’s relief 's relief, or other insolvency proceedings proceeding involving Guarantor as debtor, Lender shall have the right to prove its claim in any such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other court custodian dividends and payments which would otherwise be payable upon Guarantor Claims. Guarantor hereby assigns such dividends and payments to LenderLender but only to the extent that the Indebtedness has not been paid in full. Should Lender receive, for application upon against the Guaranteed Obligations, any such dividend or payment which is otherwise payable to Guarantor, Guarantor and which, as between Borrower and Guarantor, shall constitute a credit upon against the Guarantor Claims, then upon full payment and performance to Lender in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Lender to the extent that such payments to Lender on the Guarantor Claims have contributed toward the liquidation of the Guaranteed Obligations, and such subrogation shall be with respect to that proportion of the Guaranteed Obligations which would have been unpaid if Lender had not received dividends or payments upon the Guarantor Claims.. GUARANTY (REPAYMENT) – Page 11 667163; Miami-Dade County, Florida