Common use of Preference Clause in Contracts

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 179 contracts

Samples: Guaranty Agreement (Nexpoint Diversified Real Estate Trust), Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.)

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Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, the Bankruptcy Code or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other Person.

Appears in 22 contracts

Samples: Guaranty of Recourse Obligations (TPG RE Finance Trust, Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other Person.

Appears in 20 contracts

Samples: Guaranty of Recourse Obligations (Lodging Fund REIT III, Inc.), Guaranty Agreement (Terra Tech Corp.), Guaranty Agreement (Terra Tech Corp.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 19 contracts

Samples: Completion Guaranty (Bh Re LLC), Guaranty of Recourse Obligations (Behringer Harvard Reit I Inc), Guaranty (GMH Communities Trust)

Preference. Any payment by any Borrower or the Other Guarantor to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower any Borrower, the Other Guarantor or someone elseany other Person.

Appears in 8 contracts

Samples: Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc), Guaranty of Recourse Obligations (Ashford Hospitality Trust Inc)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy lawsthe Bankruptcy Code or any other Creditors’ Rights Laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 7 contracts

Samples: Guaranty and Indemnity Agreement, Guaranty and Indemnity Agreement, Mezzanine 4 Guaranty and Indemnity Agreement (Ashford Hospitality Trust Inc)

Preference. Any payment by Borrower to Lender is held to constitute a preference preferential or voidable transfer under bankruptcy laws, or for any reason Lender is required to return or refund such payment or pay such amount to Borrower or someone else.any other party; or

Appears in 6 contracts

Samples: Guaranty Agreement (STW Resources Holding Corp.), Guaranty Agreement (STW Resources Holding Corp.), Guaranty Agreement (Moody National REIT I, Inc.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other Person.

Appears in 5 contracts

Samples: Completion Guaranty Agreement (Lodging Fund REIT III, Inc.), Guaranty (Assisted 4 Living, Inc.), Guaranty of Recourse Obligations (Inland Diversified Real Estate Trust, Inc.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.; or

Appears in 5 contracts

Samples: Commercial Guaranty Agreement (Independent Bank Group Inc), Unconditional Guaranty Agreement (Dsi Toys Inc), Revolving Credit Agreement (Cross Timbers Oil Co)

Preference. Any payment by any Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to any Borrower or someone elseto any other Person.

Appears in 4 contracts

Samples: Loan Agreement (Morgans Hotel Group Co.), Closing Guaranty of Completion (Morgans Hotel Group Co.), Horizon Group Properties Inc

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy lawsCreditors’ Rights Laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 3 contracts

Samples: Guaranty Agreement (ACRES Commercial Realty Corp.), Carry Guaranty Agreement (ACRES Commercial Realty Corp.), Completion Guaranty Agreement (ACRES Commercial Realty Corp.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund or remit any such payment or pay such amount to Borrower or someone elseany other person.

Appears in 3 contracts

Samples: Guaranty Agreement (Cil&d, LLC), Guaranty Agreement (Cil&d, LLC), Guaranty Agreement (Cil&d, LLC)

Preference. Any payment by either Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to either Borrower or someone else.

Appears in 3 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.), Guaranty Agreement (Maguire Properties Inc)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund or remit any such payment or pay such amount to Borrower or someone elseany other Person.

Appears in 3 contracts

Samples: Guaranty of Recourse Obligations (Stratus Properties Inc), Strategic Storage Trust VI, Inc., Strategic Storage Trust VI, Inc.

Preference. Any payment by Borrower to Lender Bank is held to constitute a preference under bankruptcy laws, or for any reason Lender Bank is required to refund such payment or pay such amount to Borrower or someone else.; or

Appears in 3 contracts

Samples: Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc)

Preference. Any payment by Borrower any one or both of the Borrowers to Lender is held to constitute a preference under bankruptcy laws, the Bankruptcy Code or for any reason Lender is required to refund such payment or pay such amount to such Borrower or someone elseBorrowers or to any other Person.

Appears in 3 contracts

Samples: Assumption Agreement (American Realty Capital Hospitality Trust, Inc.), Environmental Indemnity Agreement (W2007 Grace Acquisition I Inc), Special Warranty Deed (American Realty Capital Hospitality Trust, Inc.)

Preference. Any payment by any Borrower to the Agent or any Lender is held to constitute a preference under bankruptcy laws, or for any reason the Agent or such Lender is required to refund such payment or pay such amount to such Borrower or someone else.

Appears in 3 contracts

Samples: Guaranty (Emrise CORP), Guaranty (Emrise CORP), Guaranty (Emrise CORP)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment payment, or pay such amount to Borrower or someone else.; or

Appears in 3 contracts

Samples: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or if for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 2 contracts

Samples: Guaranty (Golf Ventures Inc), Golf Ventures Inc

Preference. Any payment by Borrower to Agent or Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Agent or Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other Person.

Appears in 2 contracts

Samples: Non Recourse Carve Out Guaranty Agreement (Allegiant Travel CO), Guaranty of Payment (Allegiant Travel CO)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseany other Person.

Appears in 2 contracts

Samples: Guaranty Agreement (Moody National REIT I, Inc.), Guaranty Agreement (Moody National REIT I, Inc.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseelse pursuant to any applicable Federal or State bankruptcy or insolvency law relating to the bankruptcy or insolvency of Borrower or Guarantor.

Appears in 2 contracts

Samples: Mezzanine Guaranty Agreement (Five Point Holdings, LLC), Guaranty Agreement (Five Point Holdings, LLC)

Preference. Any payment by any Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to such Borrower or someone else.

Appears in 2 contracts

Samples: Guaranty Agreement (Non Qualified Mandatory Prepayment) (Morgans Hotel Group Co.), Guaranty Agreement (Morgans Hotel Group Co.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.to any other Person. 2.13

Appears in 1 contract

Samples: www.sec.gov

Preference. Any payment by the Borrower to the Lender is held to ---------- constitute a preference under bankruptcy laws, or for any reason the Lender is required to refund such payment or pay such amount to the Borrower or someone else.some other Person; or

Appears in 1 contract

Samples: Guaranty Agreement (Pendaries Petroleum LTD)

Preference. Any payment by any Borrower to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to any Borrower or someone else.

Appears in 1 contract

Samples: Ventas Inc

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Preference. Any payment by Borrower any Obligor to Lender is held to constitute a preference under bankruptcy laws, laws or for any reason Lender is required to refund such payment or pay such amount to Borrower any Obligor or someone else.

Appears in 1 contract

Samples: Guaranty (Ventas Inc)

Preference. Any payment by the Borrower to the Lender is held to constitute a preference under bankruptcy laws, or for any reason the Lender is required to refund such payment or pay such amount to the Borrower or someone else.some other Person; or

Appears in 1 contract

Samples: Guaranty Agreement (Harken Energy Corp)

Preference. Any payment by Borrower or any other Loan Party to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 1 contract

Samples: Guaranty Agreement (Cgen Digital Media Co LTD)

Preference. Any payment by Borrower or Property Owner to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or Property Owner or someone else.

Appears in 1 contract

Samples: Guaranty Agreement (ESH Hospitality, Inc.)

Preference. Any payment by Borrower to Lender Seller is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 1 contract

Samples: Guaranty Agreement Regarding Earnout Payments (Inland Diversified Real Estate Trust, Inc.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrowers or any Borrower Party or someone else.

Appears in 1 contract

Samples: Guaranty (Steadfast Income REIT, Inc.)

Preference. Any payment by Borrower to Lender a Purchaser is held to constitute a preference under bankruptcy laws, or for any reason Lender a Purchaser is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 1 contract

Samples: H-Cyte, Inc.

Preference. Any payment by Borrower Borrowers to Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower Borrowers or someone else.

Appears in 1 contract

Samples: Guaranty Agreement Regarding Pip Requirements (Inland American Real Estate Trust, Inc.)

Preference. Any payment by Borrower to Lender is held to ---------- constitute a preference under bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 1 contract

Samples: Wellington Properties Trust

Preference. Any payment by any Borrower to Lender or by any Mortgage Borrower to Mortgage Lender is held to constitute a preference under bankruptcy laws, or for any reason Lender or Mortgage Lender is required to refund such payment or pay such amount to such Borrower, Mortgage Borrower or someone else.

Appears in 1 contract

Samples: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)

Preference. Any payment by any Borrower to Lender or by any Mortgage Borrower to Mortgage Lender, as applicable, is held to constitute a preference under bankruptcy laws, laws or for any reason Lender or Mortgage Lender is required to refund such payment or pay such amount to any Borrower or someone elseany Mortgage Borrower, or to any other Person, as applicable.

Appears in 1 contract

Samples: First Mezzanine Closing (Morgans Hotel Group Co.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, or for any reason and Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 1 contract

Samples: Guaranty Agreement (Hcp, Inc.)

Preference. Any payment by Borrower Debtor to Lender Creditor is held to constitute a preference under bankruptcy laws, or for any reason Lender Creditor is required to refund such payment or pay such amount to Borrower Debtor or someone else.

Appears in 1 contract

Samples: Guaranty (Naturade Inc)

Preference. Any payment by Borrower to Lender is held to constitute a preference under bankruptcy laws, the Bankruptcy Code or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone elseto any other person/entity.

Appears in 1 contract

Samples: Limited Recourse Guaranty (Generation Income Properties, Inc.)

Preference. Any payment by any Borrower to Lender or by any Mortgage Borrower to Mortgage Lender, as applicable, is held to constitute a preference under bankruptcy laws, or for any reason Lender or Mortgage Lender is required to refund such payment or pay such amount to such Borrower or Mortgage Borrower, or someone else, as applicable.

Appears in 1 contract

Samples: First Mezzanine Guaranty Agreement (Morgans Hotel Group Co.)

Preference. Any payment by Borrower to Lender is held to constitute a preference under any bankruptcy laws, or for any reason Lender is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 1 contract

Samples: Guaranty (Capital Trust Inc)

Preference. Any payment by the Borrower to the Lender is being held to constitute a preference under bankruptcy laws, laws or the Lender for any reason Lender is being required to refund such payment or pay such amount to the Borrower or someone else.; and

Appears in 1 contract

Samples: Guaranty (TNP Strategic Retail Trust, Inc.)

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