Common use of No Marshalling; Reinstatement Clause in Contracts

No Marshalling; Reinstatement. The Guarantor consents and agrees that neither the Buyer nor any Person or entity acting for or on behalf of the Buyer shall be under any obligation to marshal any assets in favor of the Guarantor or against or in payment of any or all of the Guaranteed Obligations. The Guarantor further agrees that, to the extent that the Seller, the Guarantor or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to Buyer, or Buyer receives any proceeds of collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to the Seller, the Guarantor, such other guarantor or any other Person or entity, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Guaranteed Obligations which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.

Appears in 2 contracts

Samples: www.sec.gov, Parent Guaranty and Indemnity (Blackstone Mortgage Trust, Inc.)

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No Marshalling; Reinstatement. The Guarantor consents and agrees that neither the Buyer Purchaser nor any Person or entity acting for or on behalf of the Buyer Purchaser shall be under any obligation to marshal any assets in favor of the Guarantor or against or in payment of any or all of the Guaranteed Obligations. The Guarantor further agrees that, to the extent that the Seller, the Guarantor or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to BuyerPurchaser, or Buyer Purchaser receives any proceeds of collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to the Seller, the Guarantor, such other guarantor or any other Person or entity, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, the part of the Guaranteed Obligations which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.

Appears in 1 contract

Samples: Guarantee Agreement (NewStar Financial, Inc.)

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No Marshalling; Reinstatement. The Guarantor consents and agrees that neither the Buyer Finance Parties nor any Person or entity acting for or on behalf of the Buyer Finance Parties shall be under any obligation to marshal any assets in favor of the Guarantor or against or in payment of any or all of the Guaranteed Obligations. The Guarantor further agrees that, to the extent that the SellerBorrower, the Guarantor or any other guarantor of all or any part of the Guaranteed Obligations makes a payment or payments to Buyerany Finance Party, or Buyer any Finance Party receives any proceeds of collateral, which payment or payments or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside and/or required to be repaid to the SellerBorrower, the Guarantor, such other guarantor or any other Person or entity, under any domestic or foreign bankruptcy law, state or federal law, common law or equitable cause, or other provisions of applicable law relating to liquidation, bankruptcy, administration, examinership, insolvency or creditor's right’ generally, then, to the extent of such payment or repayment, the part of the Guaranteed Obligations which has been paid, reduced or satisfied by such amount shall be reinstated and continued in full force and effect as of the time immediately preceding such initial payment, reduction or satisfaction.

Appears in 1 contract

Samples: Parent Guaranty and Indemnity (Anthracite Capital Inc)

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