Common use of Claims in Bankruptcy Clause in Contracts

Claims in Bankruptcy. Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against Borrower relating to any indebtedness, liability or obligation of Borrower owed to Guarantor and will assign to Lender all rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxx, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Xxxxxx’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender receives cash by reason of any such payment or distribution. If Xxxxxx receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Guarantor shall The Guarantors will file all claims against the Borrower in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against upon any indebtedness of the Borrower relating to any indebtednessGuarantor or claim against the Borrower by any Guarantor, liability or obligation of Borrower owed to Guarantor and will the Guarantors hereby assign to Lender the Banks and the Agents all rights of Guarantor the Guarantors thereunder. If the Guarantor does not file any such claim, Xxxxxxthe Banks and the Agents, as attorney-in-fact for such Guarantor, is hereby authorized to do so in the name of the Guarantor or, in Xxxxxx’s discretionthe discretion of the Banks and the Agents, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s nomineethe nominee of the Banks and the Agents. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender Banks, the Agents or Xxxxxx’s their nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that which a party filing a claim is entitled to dotake. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the Banks and the Agents the full amount payable on such claim up to the amounts due under this Guaranty, and, to the full extent necessary for that purpose, Guarantor the Guarantors hereby assigns assign to Lender the Banks and the Agents all of Guarantor’s the Guarantors' rights to any such payments or distributions to which Guarantor the Guarantors would otherwise be entitled; provided, however, that Guarantor’s the Guarantors' obligations hereunder shall not be deemed satisfied except to the extent that Lender receives the Banks and the Agents receive cash by reason of any such payment or distribution. If Xxxxxx receives the Banks and the Agents receive anything hereunder other than cash, the same shall be held as collateral for the payment of all amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against Borrower relating to any indebtedness, liability or obligation of Borrower owed to Guarantor and will assign to Lender all rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxx, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Xxxxxx’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender receives cash by reason of any such payment or distribution. If Xxxxxx receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Each Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that which such Guarantor may have against Borrower relating to any indebtedness, liability or obligation indebtedness of Borrower owed to such Guarantor and will assign hereby assigns to Lender all rights of such Guarantor thereunder. If such Guarantor does not file any such claim, XxxxxxLender, as attorney-in-fact for each Guarantor, is hereby authorized to do so in the name of such Guarantor or, in Xxxxxx’s Lender's discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s Lender's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s its nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that which a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the amount payable on such claim and, to the full extent necessary for that purpose, each Guarantor hereby assigns to Lender all of Guarantor’s rights to any such payments or distributions to which such Guarantor would otherwise be entitled; provided, however, that such Guarantor’s 's obligations hereunder shall not be deemed satisfied except to the extent that Lender receives receive cash or property acceptable to Lender by reason of any such payment or distribution. If Xxxxxx Lender receives anything hereunder other than cashcash or property acceptable to Lender, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund paymentsAgreement.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against Borrower relating to any indebtedness, liability or obligation of Borrower owed to Guarantor and will assign to Lender Investor all rights of Guarantor thereunder. If Guarantor does not file any such claim, XxxxxxInvestor, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in XxxxxxInvestor’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of XxxxxxInvestor’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender Investor or XxxxxxInvestor’s nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender Investor the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender Investor all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender Investor receives cash by reason of any such payment or distribution. If Xxxxxx Investor receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief, or other proceeding in which insolvency proceedings involving any Obligor, the filing Agent on behalf of claims is required or permitted by law all claims that Guarantor may have against Borrower relating to any indebtedness, liability or obligation of Borrower owed to Guarantor the Agent and will assign to Lender all rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxx, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Xxxxxx’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s nominee Secured Parties shall have the sole right to accept prove their claim in any proceeding, so as to establish their rights hereunder and receive directly from the receiver, trustee or reject any plan proposed in such proceeding other court custodian, dividends and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; providedpayable upon Obligor Claims. Each Obligor hereby assigns such dividends and payments to the Agent for the benefit of the Agent and the Secured Parties for application against the Obligations as provided under the Credit Agreement. Should Agent or any Secured Party receive, howeverfor application upon the Obligations, any such dividend or payment which is otherwise payable to any Obligor, and which, as between such Obligors, shall constitute a credit upon the Obligor Claims, then upon Full Payment of the Obligations and the termination of all of the Commitments, the intended recipient shall become subrogated to the rights of the Agent and the Secured Parties to the extent that Guarantor’s such payments to the Agent and the Lenders on the Obligor Claims have contributed toward the liquidation of the Obligations, and such subrogation shall be with respect to that proportion of the Obligations which would have been unpaid if the Agent and the Secured Parties had not received dividends or payments upon the Obligor Claims. The obligations of Guarantors hereunder shall not be deemed satisfied except to reduced, limited, impaired, discharged, deferred, suspended or terminated by any case or proceeding, voluntary or involuntary, involving the extent that Lender receives cash bankruptcy, insolvency, receivership, reorganization, liquidation or arrangement of the Borrower or any other Guarantor or by any defense which the Borrower or any other Guarantor may have by reason of the order, decree or decision of any court or administrative body resulting from any such payment proceeding. Each Guarantor acknowledges and agrees that any interest on any portion of the Obligations which accrues after the commencement of any case or distribution. If Xxxxxx receives anything hereunder other than cashproceeding referred to above (or, if interest on any portion of the same Obligations ceases to accrue by operation of law by reason of the commencement of such case or proceeding, such interest as would have accrued on such portion of the Obligations if such case or proceeding had not been commenced) shall be held as collateral for amounts due under this Guaranty. If at included in the Obligations because it is the intention of Guarantors and Agent and Lenders that the Obligations which are guaranteed by Guarantors pursuant hereto should be determined without regard to any time the holder rule of law or order which may relieve any Borrower of any portion of the Note is required to refund to Borrower such Obligations. Guarantors will permit any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any trustee in bankruptcy, insolvency receiver, debtor in possession, assignee for the benefit of creditors or similar law then in effectperson to pay Agent and Lenders, or for allow the claim of Agent and Lenders in respect of, any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse such interest accruing after the holder in the aggregate amount of date on which such refund paymentscase or proceeding is commenced.

Claims in Bankruptcy. Each Guarantor shall will file all claims against the Borrower or any other surety or guarantor in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against upon any indebtedness of the Borrower relating or such surety or guarantor to any indebtedness, liability Guarantor or obligation of claim against the Borrower owed to or such surety or guarantor by each Guarantor and will assign to Lender the Administrative Agent all rights of each Guarantor thereunder. If any Guarantor does not file any such claimclaim at least 30 days prior to any applicable claims bar date, Xxxxxxthe Administrative Agent, as attorney-in-fact for each Guarantor, is hereby irrevocably authorized to do so in the name of each Guarantor or, in Xxxxxx’s the Administrative Agent's discretion, to assign the claim to a nominee and to cause a proof of claim to be filed in the name of Xxxxxx’s the Administrative Agent's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender Administrative Agent or Xxxxxx’s its nominee shall have the sole right right, but not obligation, to accept or reject any plan proposed in such proceeding and to cast any votes and to take any other action that a party filing a claim is entitled with respect to doall claims which any Guarantor may have against the Borrower or any other surety or guarantor. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim claims shall pay to Lender the Administrative Agent the full amount payable on such claim each Guarantor's claims, and, to the full extent necessary for that purpose, each Guarantor hereby assigns to Lender the Administrative Agent all of the Guarantor’s 's rights to any such payments or distributions to which each Guarantor would otherwise be entitled; provided, however, that each Guarantor’s 's obligations hereunder shall not be deemed satisfied except to the extent that Lender the Administrative Agent receives cash by reason of any such payment or distribution. If Xxxxxx the Administrative Agent receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief, or other proceeding in which the filing of claims is required or permitted by law all claims that insolvency proceedings involving Guarantor may have against Borrower relating to any indebtednessas debtor, liability or obligation of Borrower owed to Guarantor and will assign to Lender all rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxx, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Xxxxxx’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s nominee shall have the sole right to accept or reject prove its claim in any plan proposed in such proceeding so as to establish its rights hereunder and to take any receive directly from the receiver, trustee or other action that a party filing a claim is entitled to docourt custodian dividends and payments which would otherwise be payable upon Guarantor Claims. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns such dividends and payments to Lender. Should Lender all of Guarantor’s rights to receive, for application upon the Guaranteed Obligations, any such payments dividend or distributions payment which is otherwise payable to which Guarantor, and which, as between Borrower and Guarantor, shall constitute a credit upon the Guarantor would otherwise be entitled; providedClaims, howeverthen upon the Payment in Full (as defined hereafter) of the Guaranteed Obligations, that Guarantor’s obligations hereunder Guarantor shall not be deemed satisfied except become subrogated to the rights of Lender to the extent that such payments to Lender receives cash by reason on the Guarantor Claims have contributed toward the liquidation of any the Guaranteed Obligations, and such payment or distribution. If Xxxxxx receives anything hereunder other than cash, the same subrogation shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any with respect to that proportion of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments Guaranteed Obligations which would have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency unpaid if Lender had not received dividends or similar law then payments upon the Guarantor Claims. As used in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse “Payment in Full” means that all Guaranteed Obligations have been paid in full (other than any contingent indemnity obligations as to which no claim has been made and is pending), and a period of 91 days has elapsed since the holder in last payment with respect thereto without a case or proceeding under the aggregate amount of such refund paymentsBankruptcy Code or any other bankruptcy, insolvency, or receivership law having been commenced by or against Borrower.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against Borrower HPGS relating to any indebtedness, liability or obligation of Borrower HPGS owed to Guarantor and will assign to Lender Investor all rights of Guarantor thereunder. If Guarantor does not file any such claim, XxxxxxInvestor, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in XxxxxxInvestor’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of XxxxxxInvestor’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender Investor or Xxxxxx’s its nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender Investor the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender Investor all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender Investor receives cash by reason of any such payment or distribution. If Xxxxxx Investor receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower HPGS any payments made by Borrower HPGS under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower HPGS to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief, or other proceeding in which the filing of claims is required or permitted by law all claims that insolvency proceedings involving a Guarantor may have against Borrower relating to any indebtednessas debtor, liability or obligation of Borrower owed to Guarantor and will assign to Lender all rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxx, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Xxxxxx’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s nominee shall have the sole right to accept or reject prove its claim in any plan proposed in such proceeding so as to establish its rights hereunder and to take any receive directly from the receiver, trustee or other action that a party filing a claim is entitled to docourt custodian dividends and payments which would otherwise be payable upon Guarantor Claims. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the amount payable on such claim and, to the full extent necessary for that purpose, Each Guarantor hereby assigns such dividends and payments to Lender. Should Lender receive, for application against the Guaranteed Obligations, any dividend or payment which is otherwise payable to a Guarantor and which, as between Borrower and such Guarantor, shall constitute a credit against the Guarantor Claims, then, upon payment to Lender all in full of Guarantor’s the Guaranteed Obligations, such Guarantor shall become subrogated to the rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except of Lender to the extent that such payments to Lender receives cash by reason on the Guarantor Claims have contributed toward the liquidation of any the Guaranteed Obligations, and such payment or distribution. If Xxxxxx receives anything hereunder other than cash, the same subrogation shall be held 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. Until such time as collateral for amounts due under this Guaranty. If at the Debt is repaid in full, in any time the holder of case commenced by or against Borrower or any of the Note is required to refund to Borrower any payments made by limited partners or the general partner of Borrower under Chapter 11 of the Note because such payments Bankruptcy Code or any similar provision thereof or any similar federal or state statute, Lender shall have been held by a bankruptcy court having jurisdiction over Borrower the exclusive right to constitute a preference under exercise any bankruptcy, insolvency or similar law then voting rights in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, respect of Guarantor Claims and no Guarantor shall reimburse have the holder in right to, and may not, vote the aggregate amount same; this shall be deemed a present assignment of such refund paymentsGuarantor Claims and the right to vote the same.

Claims in Bankruptcy. The Limited Guarantor shall will file all claims against the Company and/or the Airline in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that upon any indebtedness of the Company or the Airline to the Limited Guarantor may have or claim against Borrower relating the Company or the Airline by the Limited Guarantor, and the Limited Guarantor hereby assigns to any indebtedness, liability or obligation of Borrower owed to Guarantor and will assign to Lender FHB all rights of the Limited Guarantor thereunder. If the Limited Guarantor does not file any such claim, XxxxxxFHB, as attorney-in-fact for the Limited Guarantor, is hereby authorized to do so in the name of the Limited Guarantor or, in Xxxxxx’s FHB's discretion,, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s FHB's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender FHB or Xxxxxx’s its nominee shall have the sole right (as assignee of all rights of the Limited Guarantor pursuant to this Section 7) to accept or reject any plan proposed in such proceeding and to take any other action that which a party filing a claim is entitled to dotake. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender FHB the full amount payable on such claim up to the amounts due under this Limited Guaranty, and, to the full extent necessary for that purpose, the Limited Guarantor hereby assigns to Lender FHB all of the Limited Guarantor’s 's rights to any such payments or distributions to which the Limited Guarantor would otherwise be entitled; provided, however, that the Limited Guarantor’s 's obligations hereunder shall not be deemed satisfied except to the extent that Lender FHB receives cash by reason of any such payment or distribution. If Xxxxxx receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.or

Claims in Bankruptcy. Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against Borrower Tenant relating to any indebtednessindebtedness of Tenant to Guarantor, liability or obligation of Borrower owed to Guarantor and will assign to Lender Landlord all rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxxthen to the extent allowed by law, Landlord, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in XxxxxxXxxxxxxx’s discretion, to assign the claim to a nominee nominee, and to cause proof of claim to be filed in the name of XxxxxxXxxxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender Landlord, or Xxxxxx’s nominee its nominee, shall have the sole right to accept or reject any plan proposed in such proceeding proceedings and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy bankruptcy, or otherwise, the person or persons authorized to pay such claim shall pay to Lender Landlord the amount payable on such claim and, to the full extent necessary for that purpose, claim. Guarantor hereby assigns to Lender Landlord all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender Xxxxxxxx receives cash by reason of any such payment or distribution. If Xxxxxx Landlord receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against Borrower UAHC relating to any indebtedness, liability or obligation of Borrower UAHC owed to Guarantor and will assign to Lender Investor all rights of Guarantor thereunder. If Guarantor does not file any such claim, XxxxxxInvestor, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in XxxxxxInvestor’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of XxxxxxInvestor’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender Investor or Xxxxxx’s its nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender Investor the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender Investor all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender Investor receives cash by reason of any such payment or distribution. If Xxxxxx Investor receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower UAHC any payments made by Borrower UAHC under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower UAHC to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against Borrower relating to any indebtedness, liability or obligation of Borrower owed to Guarantor and will assign to Lender all rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxx, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Xxxxxx’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender receives cash by reason of any such payment or distribution. If Xxxxxx receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the any holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. In the event of receivership, bankruptcy, reorganization, arrangement, debtor’s relief, or other insolvency proceedings involving Guarantor as debtor, Lender shall file have the right to prove its claim in any bankruptcy such proceeding so as to establish its rights hereunder and receive directly from the receiver, trustee or other proceeding in 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 against the filing of claims Guaranteed Obligations, any dividend or payment which is required or permitted by law all claims that Guarantor may have against Borrower relating to any indebtedness, liability or obligation of Borrower owed otherwise payable to Guarantor and will assign which, as between Borrower and Guarantor, shall constitute a credit against the Guarantor Claims, then, upon payment to Lender all in full of the Guaranteed Obligations, Guarantor shall become subrogated to the rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxx, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Xxxxxx’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that such payments to Lender receives cash by reason on the Guarantor Claims have contributed toward the liquidation of any the Guaranteed Obligations, and such payment or distribution. If Xxxxxx receives anything hereunder other than cash, the same subrogation shall be held 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. Until such time as collateral for amounts due under this Guaranty. If at the Debt is repaid in full, in any time the holder of case commenced by or against Borrower or any of the Note is required to refund to Borrower any payments made by limited partners or the general partner of Borrower under Chapter 11 of the Note because such payments Bankruptcy Code or any similar provision thereof or any similar federal or state statute, Lender shall have been held by a bankruptcy court having jurisdiction over Borrower the exclusive right to constitute a preference under exercise any bankruptcy, insolvency or similar law then voting rights in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, respect of Guarantor Claims and Guarantor shall reimburse not have the holder in right to, and may not, vote the aggregate amount same; this shall be deemed a present assignment of such refund paymentsGuarantor Claims and the right to vote the same.

Claims in Bankruptcy. Guarantor Guarantors shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor Guarantors may have against Borrower CBAI relating to any indebtedness, liability or obligation of Borrower owed CBAIowed to each applicable Guarantor and will assign to Lender Investor all rights of such Guarantor thereunder. If each Guarantor does not file any such claim, XxxxxxInvestor, as attorney-in-fact for each Guarantor, is hereby authorized to do so in the name of such Guarantor or, in XxxxxxInvestor’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of XxxxxxInvestor’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender Investor or Xxxxxx’s its nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender Investor the amount payable on such claim and, to the full extent necessary for that purpose, each Guarantor hereby assigns to Lender Investor all of such Guarantor’s rights to any such payments or distributions to which such Guarantor would otherwise be entitled; provided, however, that such Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender Investor receives cash by reason of any such payment or distribution. If Xxxxxx Investor receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower CBAI any payments made by Borrower CBAI under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower CBAI to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor Guarantors shall reimburse the holder in the aggregate amount of such refund payments, such obligation being joint and several among all of the Guarantors.

Claims in Bankruptcy. The Limited Guarantor shall will file all claims against the Company and/or the Airline in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that upon any indebtedness of the Company or the Airline to the Limited Guarantor may have or claim against Borrower relating the Company or the Airline by the Limited Guarantor, and the Limited Guarantor hereby assigns to any indebtedness, liability or obligation of Borrower owed to Guarantor and will assign to Lender FHB all rights of the Limited Guarantor thereunder. If the Limited Guarantor does not file any such claim, XxxxxxFHB, as attorney-in-fact for the Limited Guarantor, is hereby authorized to do so in the name of the Limited Guarantor or, in Xxxxxx’s FHB's discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s FHB's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender FHB or Xxxxxx’s its nominee shall have the sole right (as assignee of all rights of the Limited Guarantor pursuant to this Section 7) to accept or reject any plan proposed in such proceeding and to take any other action that which a party filing a claim is entitled to dotake. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender FHB the full amount payable on such claim up to the amounts due under this Limited Guaranty, and, to the full extent necessary for that purpose, the Limited Guarantor hereby assigns to Lender FHB all of the Limited Guarantor’s 's rights to any such payments or distributions to which the Limited Guarantor would otherwise be entitled; provided, however, that the Limited Guarantor’s 's obligations hereunder shall not be deemed satisfied except to the extent that Lender FHB receives cash by reason of any such payment or distribution. If Xxxxxx FHB receives anything hereunder other than cash, the same shall be held as collateral for the payment of all amounts due under this Limited Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against Borrower relating to any indebtedness, liability or obligation of Borrower owed to Guarantor and will assign to Lender all rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxx, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in Xxxxxx’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender receives cash by reason of any such payment or distribution. If Xxxxxx receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note Notes is required to refund to Borrower any payments made by Borrower under the Note Notes because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. The Guarantor shall will file all claims against the Company in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that upon any indebtedness of the Company to the Guarantor may have or claim against Borrower relating the Company by the Guarantor, and the Guarantor hereby assigns to any indebtedness, liability or obligation of Borrower owed to Guarantor and will assign to Lender FHB all rights of the Guarantor thereunder. If the Guarantor does not file any such claim, XxxxxxFHB, as attorney-in-fact for the Guarantor, is hereby authorized to do so in the name of the Guarantor or, in Xxxxxx’s FHB's discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxx’s FHB's nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender FHB or Xxxxxx’s its nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that which a party filing a claim is entitled to dotake. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender FBB the full amount payable on such claim up to the amounts due under this guaranty, and, to the full extent necessary for that purpose, the Guarantor hereby assigns to Lender FHB all of the Guarantor’s 's rights to any such payments or distributions to which the Guarantor would otherwise be entitled; provided, however, that the Guarantor’s 's obligations hereunder shall not be deemed satisfied except to the extent that Lender FHB receives cash by reason of any such payment or distribution. If Xxxxxx FHB receives anything hereunder other than cash, the same shall be held as collateral for the payment of all amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. Guarantor shall file in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that Guarantor may have against Borrower Tenant relating to any indebtednessindebtedness of Tenant to Guarantor, liability or obligation of Borrower owed to Guarantor and upon request will assign to Lender Landlord all rights of Guarantor thereunder. If Guarantor does not file any such claim, Xxxxxxthen to the extent allowed by law, Landlord, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in XxxxxxXxxxxxxx’s discretion, to assign the claim to a nominee nominee, and to cause proof of claim to be filed in the name of XxxxxxXxxxxxxx’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender Landlord, or Xxxxxx’s nominee its nominee, shall have the sole right to accept or reject any plan proposed in such proceeding proceedings in its reasonable business judgment and to take any other action that a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy bankruptcy, or otherwise, the person or persons authorized to pay such claim shall pay to Lender Landlord the amount payable on such claim and, to the full extent necessary for that purpose, claim. Guarantor hereby assigns to Lender Landlord all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled; provided, however, that Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that Lender Xxxxxxxx receives cash by reason of any such payment or distribution. If Xxxxxx Landlord receives anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.

Claims in Bankruptcy. The Guarantor shall will file all claims against the Borrower in any bankruptcy or other proceeding in which the filing of claims is required or permitted by law all claims that upon any indebtedness of the Borrower to the Guarantor may have or claim against the Borrower relating by the Guarantor, and the Guarantor hereby assigns to any indebtedness, liability or obligation of Borrower owed to Guarantor and will assign to the Lender all rights of the Guarantor thereunder. If the Guarantor does not file any such claim, Xxxxxxthe Lender, as attorney-in-fact for the Guarantor, is hereby authorized to do so in the name of the Guarantor or, in Xxxxxxthe Lender’s discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of Xxxxxxthe Lender’s nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. Lender or Xxxxxx’s its nominee shall have the sole right to accept or reject any plan proposed in such proceeding and to take any other action that which a party filing a claim is entitled to dotake. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to the Lender the full amount payable on such claim up to the amounts due under this Limited Guaranty, and, to the full extent necessary for that purpose, the Guarantor hereby assigns to the Lender all of the Guarantor’s rights to any such payments or distributions to which the Guarantor would otherwise be entitled; provided, however, that the Guarantor’s obligations hereunder shall not be deemed satisfied except to the extent that the Lender receives cash by reason of any such payment or distribution. If Xxxxxx the Lender receives anything hereunder other than cash, the same shall be held as collateral for the payment of all amounts due under this Limited Guaranty. If at any time the holder of any of the Note is required to refund to Borrower any payments made by Borrower under the Note because such payments have been held by a bankruptcy court having jurisdiction over Borrower to constitute a preference under any bankruptcy, insolvency or similar law then in effect, or for any other reason, then in addition to Guarantor’s other obligation under this Guaranty, Guarantor shall reimburse the holder in the aggregate amount of such refund payments.