Common use of Effect of Bankruptcy, Other Matters Clause in Contracts

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, or other debtor relief law, or any judgment, order, or decision thereunder, or for any other reason, (a) any Credit Party must rescind or restore any payment, or any part thereof, received by such Credit Party in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower shall cease to be liable to the Credit Parties for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Parties and Guarantors that Guarantors’ obligations hereunder shall not be discharged except by Guarantor’s performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Parties and Guarantors that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors under this Guaranty Agreement or the rights of the Credit Parties under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Parties to pursue or institute suit against any Guarantor for the entire Guaranteed Debt.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Horton D R Inc /De/), Revolving Credit Agreement (Horton D R Inc /De/), Credit Agreement (Protection One Alarm Monitoring Inc)

AutoNDA by SimpleDocs

Effect of Bankruptcy, Other Matters. In the event thatIf, pursuant to any insolvency, bankruptcy, reorganization, receivership, or other debtor relief lawDebtor Relief Law, or any judgment, order, order or decision thereunder, or for any other reason, (a) any Guaranteed Credit Party must rescind or restore any paymentpayment or any payment is avoided or reduced, or any part thereof, received by such Guaranteed Credit Party in satisfaction of the Guaranteed DebtObligations, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Guaranteed Credit Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, and such Guaranteed Credit Party shall be entitled to recover the value or amount of that payment from the Guarantors, (b) the Borrower shall cease to be liable to the Guaranteed Credit Parties for any of the Guaranteed Debt Obligations (other than by reason of the indefeasible payment in full thereof (other than any indemnities and other contingent obligations not then due and payable and as to which no claim has been made, and other provisions of the Loan Documents, in each case, which by Borrowerthe express terms of the relevant Loan Documents survive the repayment of the Guaranteed Obligations and the termination of all Commitments)), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Guaranteed Credit Parties and Guarantors each Guarantor that Guarantors’ each Guarantor’s obligations hereunder shall not be discharged except by Guarantor’s the Guarantors’ performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Guaranteed Credit Parties and Guarantors each Guarantor that the filing of any bankruptcy or similar proceeding under any Debtor Relief Law by or against the Borrower or any other person or party Person obligated on any portion of the Guaranteed Debt Obligations shall not affect the obligations of the Guarantors under this Guaranty Agreement or the rights of the Guaranteed Credit Parties (or the Administrative Agent acting on their behalf) under this Guaranty AgreementGuaranty, including, without limitation, including the right or ability of the Guaranteed Credit Parties (or the Administrative Agent on their behalf) to pursue or institute suit against any Guarantor for the entire Guaranteed DebtObligations.

Appears in 2 contracts

Samples: Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.)

Effect of Bankruptcy, Other Matters. In the event thatIf, pursuant to any insolvency, bankruptcy, reorganization, receivership, receivership or other debtor relief law, or any judgment, order, or decision thereunder, or for any other reason, (a) any Guaranteed Credit Party must rescind or restore any payment, or any part thereof, received by such Guaranteed Credit Party in satisfaction of the Guaranteed DebtObligations, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Guaranteed Credit Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower any Obligor shall cease to be liable to the Guaranteed Credit Parties for any of the Guaranteed Debt Obligations (other than by reason of the indefeasible payment in full thereof by Borrowerthereof), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Guaranteed Credit Parties and Guarantors Guarantor that Guarantors’ Guarantor’s obligations hereunder shall not be discharged except by Guarantor’s performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Guaranteed Credit Parties and Guarantors Guarantor that the filing of any bankruptcy or similar proceeding Bankruptcy Proceeding by or against Borrower any Obligor or any other person or party Person obligated on any portion of the Guaranteed Debt Obligations shall not affect the obligations of Guarantors Guarantor under this Guaranty Agreement or the rights of the Guaranteed Credit Parties (or Collateral Agent acting on their behalf) under this Guaranty Agreement, including, without limitation, including the right or ability of the Guaranteed Credit Parties (or Collateral Agent on their behalf) to pursue or institute suit against any Guarantor for the entire Guaranteed DebtObligations.

Appears in 2 contracts

Samples: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, or other debtor relief law, or any judgment, order, or decision thereunder, or for any other reason, (a) any Credit Loan Party must rescind or restore any payment, or any part thereof, received by such Credit Loan Party in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Loan Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower shall cease to be liable to the Credit Loan Parties for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Loan Parties and Guarantors that Guarantors' obligations hereunder shall not be discharged except by Guarantor’s Guarantors' performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Loan Parties and Guarantors that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors under this Guaranty Agreement or the rights of the Credit Loan Parties under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Loan Parties to pursue or institute suit against any Guarantor Guarantors for the entire Guaranteed Debt.

Appears in 2 contracts

Samples: Credit Agreement (Trammell Crow Co), Credit Agreement (Trammell Crow Co)

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, or other debtor relief law, or any judgment, order, or decision thereunder, or for any other reason, (a) any Credit Loan Party must rescind or restore any payment, or any part thereof, received by such Credit Loan Party in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Loan Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower shall cease to be liable to the Credit Loan Parties for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Loan Parties and Guarantors that Guarantors’ obligations hereunder shall not be discharged except by Guarantor’s Guarantors’ performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Loan Parties and Guarantors that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors under this Guaranty Agreement or the rights of the Credit Loan Parties under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Loan Parties to pursue or institute suit against any Guarantor Guarantors for the entire Guaranteed Debt.

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, or other debtor relief law, or any judgment, order, or decision thereunder, or for any other reason, (a) any Credit Party must rescind or restore any payment, or any part thereof, received by such Credit Party in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower shall cease to be liable to the Credit Parties for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Parties and Guarantors that Guarantors' obligations hereunder shall not be discharged except by Guarantor’s 's performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Parties and Guarantors that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors under this Guaranty Agreement or the rights of the Credit Parties under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Parties to pursue or institute suit against any Guarantor for the entire Guaranteed Debt.

Appears in 1 contract

Samples: Revolving Credit Agreement (Horton D R Inc /De/)

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, or other debtor relief law, or any judgment, order, or decision thereunder, or for any other reason, (a) any Credit Party must rescind or restore any payment, or any part thereof, received by such Credit Party in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower shall cease to be liable to the Credit Parties for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Parties and Guarantors Guarantor that Guarantors’ Guarantor’s obligations hereunder shall not be discharged except by Guarantor’s performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Parties and Guarantors Guarantor that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors Guarantor under this Guaranty Agreement or the rights of the Credit Parties under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Parties to pursue or institute suit against any Guarantor for the entire Guaranteed Debt.

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, receivership or other debtor relief law, or any judgment, order, order or decision thereunder, or for any other reason, (ai) any Credit Party Lender must rescind or restore any payment, or any part thereof, received by such Credit Party Lender in satisfaction of the Guaranteed DebtObligation, as set forth hereinin this Guaranty, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Party Lender shall be without effect, and this Guaranty Agreement shall remain in full force and effecteffect or, or (bii) Borrower shall cease to be liable to the Credit Parties Lender for any of the Guaranteed Debt Obligation (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Parties Lender and Guarantors Guarantor that Guarantors’ Guarantor's obligations hereunder under this Guaranty shall not be discharged except by Guarantor’s 's performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Parties Lender and Guarantors Guarantor that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt Obligation shall not affect the obligations of Guarantors Guarantor under this Guaranty Agreement or the rights of the Credit Parties Lender under this Guaranty AgreementGuaranty, including, without limitation, the right or ability of the Credit Parties Lender to pursue or institute suit against any Guarantor for the entire Guaranteed DebtObligation.

Appears in 1 contract

Samples: Unconditional Guaranty Agreement (America West Holdings Corp)

Effect of Bankruptcy, Other Matters. In the event thatIf, pursuant to any insolvency, bankruptcy, reorganization, receivership, receivership or other debtor relief law, or any judgment, order, order or decision thereunder, or for any other reason, (a) any Guaranteed Credit Party must rescind or restore any payment, or any part thereof, received by such Guaranteed Credit Party in satisfaction of the Guaranteed DebtObligations, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Guaranteed Credit Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower any Obligor shall cease to be liable to the Guaranteed Credit Parties for any of the Guaranteed Debt Obligations (other than by reason of the indefeasible payment in full thereof by Borrowerthereof), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Guaranteed Credit Parties and Guarantors that Guarantors’ obligations hereunder shall not be discharged except by Guarantor’s Guarantors’ performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Guaranteed Credit Parties and Guarantors that the filing of any bankruptcy or similar proceeding Bankruptcy Proceeding by or against Borrower any Obligor or any other person or party Person obligated on any portion of the Guaranteed Debt Obligations shall not affect the obligations of Guarantors under this Guaranty Agreement or the rights of the Guaranteed Credit Parties (or Collateral Agent acting on their behalf) under this Guaranty Agreement, including, without limitation, including the right or ability of the Guaranteed Credit Parties (or Collateral Agent on their behalf) to pursue or institute suit against any Guarantor Guarantors for the entire Guaranteed DebtObligations.

Appears in 1 contract

Samples: Global Senior Credit Agreement (Prologis)

Effect of Bankruptcy, Other Matters. In the event thatIf, pursuant to any insolvency, bankruptcy, reorganization, receivership, receivership or other debtor relief law, or any judgment, order, order or decision thereunder, or for any other reason, (a) any Credit Party must rescind or restore any payment, or any part thereof, received by such Credit Party in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, ; or (b) Borrower shall cease to be liable to the Credit Parties for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrowerthereof), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the The Credit Parties and Guarantors intend that Guarantors’ obligations hereunder shall not be discharged except by Guarantor’s Guarantors’ performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Parties and Guarantors intend that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party Person obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors under this Guaranty Agreement or the rights of the Credit Parties under this Guaranty AgreementGuaranty, including, without limitation, including the right or ability of the Credit Parties to pursue or institute suit against any either Guarantor for the entire Guaranteed Debt.

Appears in 1 contract

Samples: Guaranty Agreement (Prologis, L.P.)

AutoNDA by SimpleDocs

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, receivership or other debtor relief law, or any judgment, order, order or decision thereunder, or for any other reason, (ai) any Credit Party Lender must rescind or restore any payment, or any part thereof, received by such Credit Party Lender in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Party Lender shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (bii) Borrower shall cease to be liable to the Credit Parties Lender for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor Guarantors under this Guaranty Agreement shall remain in full force and effect. It it is the intention of the Credit Parties Lender and Guarantors that Guarantors' obligations hereunder shall not be discharged except by Guarantor’s Guarantors' performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Parties Lender and Guarantors that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors under this Guaranty Agreement or the rights of the Credit Parties Lender under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Parties Lender to pursue or institute suit against any Guarantor Guarantors for the entire Guaranteed Debt.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cross Timbers Oil Co)

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, or other debtor relief law, or any judgment, order, or decision thereunder, or for any other reason, (a) any Credit Loan Party must rescind or restore any payment, or any part thereof, received by such Credit Loan Party in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Loan Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower shall cease to be liable to the Credit Loan Parties for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Loan Parties and Guarantors Guarantor that Guarantors’ Guarantor's obligations hereunder shall not be discharged except by Guarantor’s 's performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Loan Parties and Guarantors Guarantor that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors Guarantor under this Guaranty Agreement or the rights of the Credit Loan Parties under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Loan Parties to pursue or institute suit against any Guarantor for the entire Guaranteed Debt.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, receivership or other debtor relief law, or any judgment, order, order or decision thereunder, or for any other reason, : (ai) any Credit Party Lender must rescind or restore any payment, or any part thereof, received by such Credit Party Lender in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Party Lender shall be without effect, and this Guaranty Agreement shall remain in full force and effect, ; or (bii) Borrower shall cease to be liable to the Credit Parties Lender for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Parties Lender and Guarantors Guarantor that Guarantors’ Guarantor's obligations hereunder shall not be discharged except by Guarantor’s 's performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Parties Lender and Guarantors Guarantor that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors Guarantor under this Guaranty Agreement or the rights of the Credit Parties Lender under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Parties Lender to pursue or institute suit against any Guarantor for the entire Guaranteed Debt.

Appears in 1 contract

Samples: Unconditional Guaranty Agreement (Dsi Toys Inc)

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, or other debtor relief law, or any judgment, order, or decision thereunder, or for any other reason, (a) any Credit Loan Party must rescind or restore any payment, or any part thereof, received by such Credit Loan Party in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Loan Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower shall cease to be liable to the Credit Loan Parties for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor the Guarantors under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Loan Parties and Guarantors that Guarantors' obligations hereunder shall not be discharged except by Guarantor’s Guarantors' performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Loan Parties and Guarantors that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors under this Guaranty Agreement or the rights of the Credit Loan Parties under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Loan Parties to pursue or institute suit against any Guarantor for the entire Guaranteed Debt.

Appears in 1 contract

Samples: Loan Agreement (Camden Property Trust)

Effect of Bankruptcy, Other Matters. In the event that, pursuant to any insolvency, bankruptcy, reorganization, receivership, or other debtor relief law, or any judgment, order, or decision thereunder, or for any other reason, (a) any Credit Party must rescind or restore any payment, or any part thereof, received by such Credit Party in satisfaction of the Guaranteed Debt, as set forth herein, any prior release or discharge from the terms of this Guaranty Agreement given to any Guarantor by such Credit Party shall be without effect, and this Guaranty Agreement shall remain in full force and effect, or (b) Borrower shall cease to be liable to the Credit Parties for any of the Guaranteed Debt (other than by reason of the indefeasible payment in full thereof by Borrower), then the obligations of each Guarantor under this Guaranty Agreement shall remain in full force and effect. It is the intention of the Credit Parties and Guarantors that Guarantors' obligations hereunder shall not be discharged except by Guarantor’s Guarantors' performance of such obligations and then only to the extent of such performance. Without limiting the generality of the foregoing, it is the intention of the Credit Parties and Guarantors that the filing of any bankruptcy or similar proceeding by or against Borrower or any other person or party obligated on any portion of the Guaranteed Debt shall not affect the obligations of Guarantors under this Guaranty Agreement or the rights of the Credit Parties under this Guaranty Agreement, including, without limitation, the right or ability of the Credit Parties to pursue or institute suit against any Guarantor Guarantors for the entire Guaranteed Debt.

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

Time is Money Join Law Insider Premium to draft better contracts faster.