Common use of Condition of Borrower or Guarantor Clause in Contracts

Condition of Borrower or Guarantor. The voluntary or involuntary liquidation, dissolution, sale of all or substantially all of the respective assets and liabilities of Borrower, Property Owner or any individual Guarantor, the appointment of a trustee, receiver, liquidator, sequestrator or conservator for all or any part of the assets of Borrower, Property Owner or any individual Guarantor, the insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, consolidation, merger arrangement, composition, readjustment or the commencement of any other similar proceedings affecting Borrower, Property Owner or any individual Guarantor or any of the assets of any of them, including (A) the release or discharge of Borrower from the payment and performance of its obligations under any of the Loan Documents by operation of law, (B) the release or discharge of Property Owner from the payment and performance of its obligations under any of the Mortgage Loan Documents by operation of law, (C) the impairment, limitation or modification of the liability of Borrower or Guarantor, or of any remedy for the enforcement of Lender’s rights, under this Guaranty or any of the other Loan Documents, resulting from the operation of any present or future provisions of the Bankruptcy Code or other present or future federal, state or applicable statute of law or from the decision in any court or (D) the impairment, limitation or modification of the liability of Property Owner, Borrower or any individual Guarantor, or if any remedy for the enforcement of Mortgage Lender’s rights, under any of the Mortgage Loan Documents, resulting from the operation of any present or future provisions of the Bankruptcy Code or other present or future federal, state or applicable statute of law or from the decision of any court.

Appears in 2 contracts

Samples: Guaranty (New York REIT, Inc.), Guaranty (New York REIT, Inc.)

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Condition of Borrower or Guarantor. The Any Borrower’s, any Mortgaged Property Owner’s, or Guarantor’s voluntary or involuntary liquidation, dissolution, sale of all or substantially all of the their respective assets and liabilities of Borrowerliabilities, Property Owner or any individual Guarantor, the appointment of a trustee, receiver, liquidator, sequestrator or conservator for all or any part of the assets of any Borrower’s, any Mortgaged Property Owner Owner’s, or any individual Guarantor’s assets, the insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, consolidation, merger arrangement, composition, readjustment or the commencement of any other similar proceedings affecting any Borrower, any Mortgaged Property Owner Owner, or any individual Guarantor or any of the assets of any of them, including including, without limitation, (A) the release or discharge of Borrower from the payment and performance of its obligations under any of the Loan Documents by operation of law, (B) the release or discharge of any Mortgaged Property Owner from the payment and performance of its obligations under any of the Mortgage Loan Mortgaged Property Debt Documents by operation of law, (C) the impairment, limitation or modification of the liability of any Borrower, the partners of any Borrower or Guarantor, or of any remedy for the enforcement of Lender’s rights, under this Guaranty or any of the other Loan Documents, Documents resulting from the operation of any present or future provisions of the Bankruptcy Code or other present or future federal, state or applicable statute of law or from the decision in any court or (D) the impairment, limitation or modification of the liability of any Mortgaged Property Owner, Borrower the partners of any Mortgaged Property Owner or any individual Guarantor, or if of any remedy for the enforcement of Mortgage Lender’s rights, under any of the Mortgage Loan Documents, resulting from the operation of any present or future provisions of the Bankruptcy Code or other present or future federal, state or applicable statute of law or from the decision of in any courtcourt .

Appears in 2 contracts

Samples: Collateral Transfer and Settlement Agreement (KBS Real Estate Investment Trust, Inc.), Collateral Transfer and Settlement Agreement (Gramercy Capital Corp)

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Condition of Borrower or Guarantor. The Any Borrower’s, any Mortgaged Property Owner’s, or Guarantor’s voluntary or involuntary liquidation, dissolution, sale of all or substantially all of the their respective assets and liabilities of Borrowerliabilities, Property Owner or any individual Guarantor, the appointment of a trustee, receiver, liquidator, sequestrator or conservator for all or any part of the assets of any Borrower’s, any Mortgaged Property Owner Owner’s, or any individual Guarantor’s assets, the insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, consolidation, merger arrangement, composition, readjustment or the commencement of any other similar proceedings affecting any Borrower, any Mortgaged Property Owner Owner, or any individual Guarantor or any of the assets of any of them, including including, without limitation, (A) the release or discharge of Borrower from the payment and performance of its obligations under any of the Loan Documents by operation of law, (B) the release or discharge of any Mortgaged Property Owner from the payment and performance of its obligations under any of the Mortgage Loan Mortgaged Property Debt Documents by operation of law, (C) the impairment, limitation or modification of the liability of any Borrower, the partners of any Borrower or Guarantor, or of any remedy for the enforcement of Lender’s rights, under this Guaranty or any of the other Loan Documents, Documents resulting from the operation of any present or future provisions of the Bankruptcy Code or other present or future federal, state or applicable statute of law or from the decision in any court or (D) the impairment, limitation or modification of the liability of any Mortgaged Property Owner, Borrower the partners of any Mortgaged Property Owner or any individual Guarantor, or if of any remedy for the enforcement of Mortgage Lender’s rights, under any of the Mortgage Loan Documents, resulting from the operation of any present or future provisions of the Bankruptcy Code or other present or future federal, state or applicable statute of law or from the decision of in any courtcourt .

Appears in 1 contract

Samples: Guaranty (KBS Real Estate Investment Trust, Inc.)

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