Claims in Bankruptcy. Guarantor shall file all claims against Borrower in any bankruptcy or other proceeding in which the filing of claims is required by law upon any indebtedness of Borrower to Guarantor and will assign to Lender all right of Guarantor thereunder. Guarantor hereby irrevocably appoints Lender its attorney-in-fact, which appointment is coupled with an interest, to file any such claim that Guarantor may fail to file, in the name of Guarantor or, in Lender’s discretion, to assign the claim and to cause proof of claim to be filed in the name of Lender’s nominee. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the full amount thereof 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.
Appears in 11 contracts
Samples: Guaranty Agreement (Strategic Storage Trust IV, Inc.), Guaranty Agreement (Global Net Lease, Inc.), Guaranty Agreement (Strategic Storage Trust II, Inc.)
Claims in Bankruptcy. Guarantor shall file all claims against Borrower in any bankruptcy or other proceeding in which the filing of claims is required by law upon any indebtedness of Borrower to Guarantor and will assign to Lender all right of Guarantor thereunder. Guarantor hereby irrevocably appoints Lender its attorney-in-fact, which appointment is coupled with an interest, to file any such claim that Guarantor may fail to file, in the name of Guarantor or, in LenderLxxxxx’s discretion, to assign the claim and to cause proof of claim to be filed in the name of LenderLxxxxx’s nominee. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the full amount thereof 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.
Appears in 2 contracts
Samples: Guaranty Agreement (Global Net Lease, Inc.), Guaranty Agreement (Necessity Retail REIT, Inc.)
Claims in Bankruptcy. Guarantor shall file all claims against Borrower in any bankruptcy or other proceeding in which the filing of claims is required by law upon any indebtedness of Borrower to Guarantor and will assign to Lender all right of Guarantor thereunder. Guarantor hereby irrevocably appoints Lender its attorney-in-fact, which appointment is coupled with an interest, to file any such claim that Guarantor may fail to file, in the name of Guarantor or, in LenderXxxxxx’s discretion, to assign the claim and to cause proof of claim to be filed in the name of LenderXxxxxx’s nominee. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the full amount thereof 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.
Appears in 2 contracts
Samples: Guaranty Agreement (Global Net Lease, Inc.), Guaranty Agreement (Healthcare Trust, Inc.)
Claims in Bankruptcy. Guarantor shall will file all claims against Borrower in any bankruptcy or other proceeding in which the filing of claims is required by law upon on any indebtedness of Borrower to Guarantor Guarantor, and will assign to Lender Beneficiary all right rights of Guarantor thereunderon any such indebtedness. If Guarantor hereby irrevocably appoints Lender its does not file any such claim, Beneficiary, as attorney-in-factfact for Guarantor, which appointment is coupled with an interest, authorized to file any such claim that Guarantor may fail to file, do so in the name of Guarantor Guarantor, or, in LenderBeneficiary’s discretion, to assign the claim and to cause file a proof of claim to be filed in the name of LenderBeneficiary’s nominee. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender Beneficiary the full amount thereof of any such claim, and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender Beneficiary all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled.
Appears in 1 contract
Samples: Guaranty (Opta Corp)
Claims in Bankruptcy. Guarantor shall file all claims against Borrower in any bankruptcy or other proceeding in which the filing of claims is required by law upon any indebtedness Indebtedness of Borrower to Guarantor and will assign to Lender all right rights of Guarantor thereunder. Guarantor hereby irrevocably appoints Lender its attorney-in-fact, which appointment is coupled with an interest, to file any such claim that Guarantor may fail to file, in the name of Guarantor or, in Lender’s 's discretion, to assign the claim and to cause proof of claim to be filed in the name of Lender’s 's nominee. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the full amount thereof and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender all of Guarantor’s 's rights to any such payments or distributions to which Guarantor would otherwise be entitled.
Appears in 1 contract
Claims in Bankruptcy. If Guarantor shall has not paid Bank the amounts owed under this Guaranty, Guarantor will file all claims against Borrower in any bankruptcy or other liquidation proceeding in which the filing of claims is required by law upon on any indebtedness of Borrower to Guarantor the Guarantor, and will assign to Lender Bank all right rights of Guarantors on any such indebtedness. If Guarantor thereunder. Guarantor hereby irrevocably appoints Lender its does not file any such claim, Bank, as attorney-in-factfact for Guarantor, which appointment is coupled with an interest, authorized to file any such claim that Guarantor may fail to file, do so in the name of Guarantor Guarantor, or, in Lender’s Bank's discretion, to assign the claim and to cause file a proof of claim to be filed in the name of Lender’s Bank's nominee. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender Bank the full amount thereof of any such claim, and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender Bank all of Guarantor’s 's rights to any such payments or distributions to which Guarantor would otherwise be entitled.
Appears in 1 contract
Claims in Bankruptcy. Guarantor shall file all claims against Borrower Assignor in any bankruptcy or other proceeding in which the filing of claims is required or allowed by law upon on any indebtedness of Borrower Assignor to Guarantor Guarantor, and will shall assign to Lender Beneficiary all right rights of Guarantor thereunderon any such indebtedness. If Guarantor hereby irrevocably appoints Lender its does not file any such claim, Beneficiary, as attorney-in-factfact for Guarantor, which appointment is coupled with an interestauthorized to do so in Guarantor’s name, to file any such claim that Guarantor may fail to file, in the name of Guarantor or, in LenderBeneficiary’s discretion, to assign the claim and to cause file a proof of claim to be filed in the name of LenderBeneficiary’s nominee. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender Beneficiary the full amount thereof of any such claim, and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender Beneficiary all of Guarantor’s rights to any such payments or distributions to which Guarantor would otherwise be entitled.
Appears in 1 contract
Samples: Factoring Agreement
Claims in Bankruptcy. Guarantor shall file all claims against Borrower Assignor in any bankruptcy or other proceeding in which the filing of claims is required or allowed by law upon on any indebtedness of Borrower Assignor to Guarantor Guarantor, and will shall assign to Lender Beneficiary all right rights of Guarantor thereunderon any such indebtedness. If Guarantor hereby irrevocably appoints Lender its does not file any such claim, Beneficiary, as attorney-in-factfact for Guarantor, which appointment is coupled with an interestauthorized to do so in Guarantor's name, to file any such claim that Guarantor may fail to file, in the name of Guarantor or, in Lender’s Beneficiary's discretion, to assign the claim and to cause file a proof of claim to be filed in the name of Lender’s Beneficiary's nominee. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender Beneficiary the full amount thereof of any such claim, and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender Beneficiary all of Guarantor’s 's rights to any such payments or distributions to which Guarantor would otherwise be entitled.
Appears in 1 contract
Samples: Factoring Agreement
Claims in Bankruptcy. Guarantor shall will file all claims against Borrower in any bankruptcy or other proceeding in which the filing of claims is required by law upon on any indebtedness of Borrower to Guarantor the Guarantor, and will assign to Lender all right rights of Guarantor thereunderon any such indebtedness. If Guarantor hereby irrevocably appoints Lender its does not file any such claim, Lender, as attorney-in-factfact for Guarantor, which appointment is coupled with an interest, authorized to file any such claim that Guarantor may fail to file, do so in the name of Guarantor Guarantor, or, in Lender’s 's discretion, to assign the claim and to cause file a proof of claim to be filed in the name of Lender’s 's nominee. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to Lender the full amount thereof of any such claim, and, to the full extent necessary for that purpose, Guarantor hereby assigns to Lender all of Guarantor’s 's rights to any such payments or distributions to which Guarantor would otherwise be entitled.
Appears in 1 contract
Samples: Claims Agreement