Common use of Not Affected by Bankruptcy Clause in Contracts

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lender’s rights which may occur in any bankruptcy or reorganization case or proceeding against any Borrower, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors hereby agrees that the Guarantors shall be obligated hereunder to pay and perform the Obligations and discharge their other obligations in accordance with the terms of the Obligations and the terms of this Agreement. Each Guarantor understands and acknowledges that, by virtue of this Agreement, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borrower. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any Borrower shall not affect the obligation of any Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Cypress Energy Partners, L.P.), Credit Agreement (Cypress Energy Partners, L.P.)

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Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lender’s rights which may occur in any bankruptcy or reorganization case or proceeding against any Borrowerthe Seller, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors Guarantor hereby agrees that the Guarantors shall be be, jointly and severally, obligated hereunder to pay and perform the Obligations and discharge their other obligations in accordance with the terms of the Obligations and the terms of this AgreementGuarantee. Each Guarantor understands and acknowledges that, by virtue of this AgreementGuarantee, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borrowerthe Seller. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any Borrower the Seller shall not affect the obligation of any Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 2 contracts

Samples: Parent Guarantee (RAIT Financial Trust), Parent Guarantee (RAIT Financial Trust)

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the LenderHolder’s rights which may occur in any bankruptcy or reorganization case or proceeding against any Borrowerthe Maker, whether permanent or temporary, and whether or not assented to by the LenderHolder, each of the Guarantors Guarantor hereby agrees that the Guarantors such Guarantor shall be obligated hereunder to pay and perform the Obligations and discharge their other obligations in accordance with the terms of the Obligations and the terms of this AgreementGuarantee. Each Guarantor understands and acknowledges that, by virtue of this AgreementGuarantee, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borrowerthe Maker. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any Borrower the Maker shall not affect the obligation of any each Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 2 contracts

Samples: Unsecured Promissory Note (Childrens Place, Inc.), Childrens Place, Inc.

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lender’s 's rights which that may occur in any bankruptcy or reorganization case or proceeding against any Borrower, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors Guarantor hereby agrees that the Guarantors it shall be obligated hereunder to pay and perform the Guaranteed Obligations and discharge their its other obligations in accordance with the terms of the Guaranteed Obligations and the terms of this AgreementGuaranty. Each The Guarantor understands and acknowledges that, by virtue of this AgreementGuaranty, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borrower. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any such Borrower shall not affect the obligation of any the Guarantor to pay and perform the Guaranteed Obligations in accordance with the original terms thereof.

Appears in 2 contracts

Samples: Parent Guaranty (Anthracite Capital Inc), Parent Guaranty (Anthracite Capital Inc)

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the LenderAgent’s or Lenders’ rights which may occur in any bankruptcy or reorganization case or proceeding against any the Borrower, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors Guarantor hereby agrees that the Guarantors Guarantor shall be obligated hereunder under this Article 13 to pay and perform the Obligations and discharge their its other obligations in accordance with the terms of the Obligations and the terms of this AgreementArticle 13. Each The Guarantor understands and acknowledges that, by virtue of this AgreementArticle 13, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any the Borrower. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any the Borrower shall not affect the obligation of any the Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 2 contracts

Samples: Credit Agreement (Ovintiv Inc.), Credit Agreement (Ovintiv Inc.)

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lender’s rights which may occur in any bankruptcy or reorganization case or proceeding against any either Borrower, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors hereby agrees that the Guarantors shall be obligated hereunder to pay and perform the Obligations and discharge their other obligations in accordance with the terms of the Obligations and the terms of this AgreementGuarantee. Each Guarantor understands and acknowledges that, by virtue of this AgreementGuarantee, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any either Borrower. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any either Borrower shall not affect the obligation of any Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 1 contract

Samples: Corporate Guarantee (Merisel Inc /De/)

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lender’s rights which that may occur in any bankruptcy or reorganization case or proceeding against any Borrower, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors Guarantor hereby agrees that the Guarantors it shall be obligated hereunder to pay and perform the Guaranteed Obligations and discharge their its other obligations in accordance with the terms of the Guaranteed Obligations and the terms of this AgreementGuaranty. Each The Guarantor understands and acknowledges that, by virtue of this AgreementGuaranty, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borrower. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any such Borrower shall not affect the obligation of any the Guarantor to pay and perform the Guaranteed Obligations in accordance with the original terms thereof.

Appears in 1 contract

Samples: Parent Guaranty (Anthracite Capital Inc)

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lender’s each Lender Party's rights which may occur in any bankruptcy or reorganization case or proceeding against any Affiliate Borrower, whether permanent or temporary, and whether or not assented to by each Lender Party, the Lender, each of the Guarantors Guarantor hereby agrees that the Guarantors it shall be obligated hereunder to pay and perform the Obligations and discharge their its other obligations in accordance with the terms of the Obligations and the terms of this AgreementGuarantee. Each The Guarantor understands and acknowledges that, by virtue of this AgreementGuarantee, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borroweror all Affiliate Borrowers. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any Affiliate Borrower shall not affect the obligation of any the Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 1 contract

Samples: Guarantee (U Haul International Inc)

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lender’s 's rights which may occur in any bankruptcy or reorganization case or proceeding against any Borrower, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors Guarantor hereby agrees that the Guarantors it shall be obligated hereunder to pay and perform the Obligations and discharge their other obligations in accordance with the terms of the Obligations and the terms of this AgreementGuarantee. Each The Guarantor understands and acknowledges that, by virtue of this AgreementGuarantee, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borroweror all Borrowers. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any Borrower shall not affect the obligation of any the Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 1 contract

Samples: U Haul International Inc

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Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lender’s 's rights which may occur in any bankruptcy or reorganization case or proceeding against any Affiliate Borrower, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors Guarantor hereby agrees that the Guarantors it shall be obligated hereunder to pay and perform the Obligations and discharge their other obligations in accordance with the terms of the Obligations and the terms of this AgreementGuarantee. Each The Guarantor understands and acknowledges that, by virtue of this AgreementGuarantee, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borroweror all Affiliate Borrowers. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any Affiliate Borrower shall not affect the obligation of any the Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 1 contract

Samples: Guarantee (U Haul International Inc)

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lender’s rights which may occur in any bankruptcy or reorganization case or proceeding against any the Borrower, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors hereby agrees that the Guarantors shall be obligated hereunder to pay and perform the Obligations and discharge their other obligations in accordance with the terms of the Obligations and the terms of this AgreementGuarantee. Each Guarantor understands and acknowledges that, by virtue of this AgreementGuarantee, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any the Borrower. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any the Borrower shall not affect the obligation of any Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 1 contract

Samples: Corporate Guarantee (Merisel Inc /De/)

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lenderany Buyer’s rights which may occur in any bankruptcy or reorganization case or proceeding against any Borrowerthe Seller, whether permanent or temporary, and whether or not assented to by the LenderBuyers, each of the Guarantors Guarantor hereby agrees that the Guarantors Guarantor shall be obligated hereunder to pay and perform the Obligations and discharge their its other obligations in accordance with the terms of the Obligations and the terms of this AgreementGuarantee. Each The Guarantor understands and acknowledges that, by virtue of this AgreementGuarantee, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borrowerthe Seller. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any Borrower the Seller shall not affect the obligation of any the Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 1 contract

Samples: American Mortgage Acceptance Co

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Obligations or any amendment, modification, stay or cure of the Lendereach Lender Party’s rights which may occur in any bankruptcy or reorganization case or proceeding against any Borrower, whether permanent or temporary, and whether or not assented to by the Lendereach Lender Party, each of the Guarantors Guarantor hereby agrees that the Guarantors it shall be obligated hereunder to pay and perform the Obligations and discharge their its other obligations in accordance with the terms of the Obligations and the terms of this AgreementGuarantee. Each Guarantor understands and acknowledges that, by virtue of this AgreementGuarantee, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borroweror all Borrowers. Without in any way limiting the generality of the foregoing, any subsequent modification of the Obligations in any reorganization case concerning any Borrower shall not affect the obligation of the any Guarantor to pay and perform the Obligations in accordance with the original terms thereof.

Appears in 1 contract

Samples: Guarantee (U Haul International Inc)

Not Affected by Bankruptcy. Notwithstanding any modification, discharge or extension of the Guaranteed Obligations or any amendment, modification, stay or cure of the Lender’s 's rights which may occur in any bankruptcy or reorganization case or proceeding against any concerning Borrower, whether permanent or temporary, and whether or not assented to by the Lender, each of the Guarantors Guarantor hereby agrees that the Guarantors it shall be obligated hereunder to pay and perform the Guaranteed Obligations and discharge their its other obligations in accordance with the terms of the Guaranteed Obligations and the terms of this AgreementGuaranty in effect on the date hereof. Each Guarantor understands and acknowledges that, that by virtue of this AgreementGuaranty, it has specifically assumed any and all risks of a bankruptcy or reorganization case or proceeding with respect to any Borrower. Without in any way limiting the generality of the foregoing, any subsequent modification of the Guaranteed Obligations in any reorganization case concerning any Borrower shall not affect the obligation of any Guarantor to pay and perform the Guaranteed Obligations in accordance with the their original terms thereofterms.

Appears in 1 contract

Samples: Xm Satellite Radio Inc

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