Inability to Collect Clause Samples

Inability to Collect. Subject to Section 13.3, if Landlord or any Lessor or Mortgagee shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Buildings by reason of any action or inaction on the part of Tenant or any Tenant Party (other than Tenant invitees), then, without prejudice to any other remedies which may be available against Tenant, (i) there shall be no abatement of Rent, (ii) Landlord shall have no obligation to restore the Premises (or any portion thereof) to any extent greater than that permitted by expending the portion of insurance proceeds which Landlord is able to collect and (iii) Tenant shall have none of the termination rights set forth in this Article.

Inability to Collect. The Guarantor agrees that, notwithstanding anything set forth in this Guaranty to the contrary, if for whatever reason, the Administrative Agent is prevented by applicable law from exercising any of its rights to demand payment from the Borrower of all or any part of the Obligations, to collect interest on all or any part of the Obligations or to enforce or exercise any other right or remedy with respect to all or any part of the Obligations, or is prevented from taking any action to realize on all or any part of the collateral securing the Obligations or the liabilities of any guarantor of the Obligations, the Guarantor shall pay to the Administrative Agent, on demand therefor and in immediately available funds, the amount that would otherwise have been due and payable had such rights and remedies been permitted to be exercised by the Administrative Agent.

Inability to Collect. Notwithstanding any of the foregoing provisions of this Article, if Landlord or any Lessor or Mortgagee shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Building by reason of any action or inaction on the part of Tenant or any Tenant Party, then, without prejudice to any other remedies which may be available against Tenant, (i) there shall be no abatement of Rent, and (ii) Landlord shall have no obligation to restore the Premises, until Landlord receives the insurance proceeds withheld by reason of such action or inaction on the part of Tenant or any Tenant Party.

Inability to Collect. The Guarantor agrees that, notwithstanding anything set forth in this Guaranty to the contrary, if for whatever reason, Lender is prevented by applicable law from exercising any of its rights to receive payment from Borrowers, or any of them, of all or any part of the Secured Obligations, to collect interest on all or any part of the Secured Obligations or to enforce or exercise any other right or remedy with respect to all or any part of the Secured Obligations, or is prevented from taking any action to realize on all or any part of the Collateral securing the Secured Obligations or the liabilities of any guarantor of the Secured Obligations, such Guarantor shall pay to Lender, on demand therefor and in immediately available funds, the amount that would otherwise have been due and payable had such rights and remedies been permitted to be exercised by Lender up to the Guaranteed Amount, less any other amounts previously paid under this Guaranty.

Inability to Collect. Each of the Guarantors agrees that, notwithstanding anything set forth in this Guaranty to the contrary, if for whatever reason, any Guaranteed Party is prevented by applicable law or the terms of any subordination agreement from exercising any of its rights to receive payment from the Borrower of all or any part of the Obligations, to collect interest on all or any part of the Obligations or to enforce or exercise any other right or remedy with respect to all or any part of the Obligations, or is prevented from taking any action to realize on all or any part of any collateral securing the Obligations or the liabilities of any Loan Party, the Guarantors agree, jointly and severally, to pay to the Administrative Agent for the benefit of the Lenders and the other Guaranteed Parties, on demand therefor and in immediately available funds, the amount that would otherwise have been due and payable had such rights and remedies been permitted to be exercised by the applicable Guaranteed Party.

Inability to Collect. Notwithstanding any of the foregoing provisions of this Article, if Landlord or any Mortgagee or Lessor shall be unable to collect all of the insurance proceeds (including rent insurance proceeds) applicable to damage or destruction of the Premises or the Building by reason of some action or inaction on the part of Tenant or any of its employees, agents or contractors, without prejudice to any other remedies which may be available against Tenant, there shall be no abatement of Rent to the extent of such loss of insurance proceeds.