Common use of Preference Clause in Contracts

Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Lender is required to refund any sums to Borrower, such refund will not constitute a release of any liability of Guarantor under this Guaranty. It is the intention of Lender and Guarantor that Guarantor’s obligations under this Guaranty will not be discharged except by Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 73 contracts

Samples: Guaranty (Steadfast Apartment REIT, Inc.), Guaranty (Steadfast Apartment REIT, Inc.), Guaranty (Steadfast Apartment REIT, Inc.)

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Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Lender is required to refund any sums to Borrower, such refund will shall not constitute a release of any liability of Guarantor under this Guaranty. It is the intention of Lender and Guarantor that Guarantor’s 's obligations under this Guaranty will shall not be discharged except by Guarantor’s 's performance of such obligations and then only to the extent of such performance.

Appears in 26 contracts

Samples: Guaranty, Guaranty, Guaranty

Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Lender is required to refund any sums to Borrower, such refund will shall not constitute a release of any liability of Guarantor under this Guaranty. It is the intention of Lender and Guarantor that Guarantor’s obligations under this Guaranty will shall not be discharged except by Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 21 contracts

Samples: Guaranty (KBS Legacy Partners Apartment REIT, Inc.), Guaranty Agreement (Paladin Realty Income Properties Inc), Guaranty (KBS Legacy Partners Apartment REIT, Inc.)

Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Funding Lender is required to refund any sums to Borrower, such refund will not constitute a release of any liability of Guarantor under this Guaranty. It is the intention of Funding Lender and Guarantor that Guarantor’s obligations under this Guaranty will not be discharged except by Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 9 contracts

Samples: Guaranty, Guaranty, Guaranty

Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Lender is required to refund any sums to Borrower, such refund will not constitute a release of any liability of Guarantor under this Guaranty. It is the intention of Lender and Guarantor that Guarantor’s obligations under this Guaranty will not be discharged except by Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 3 contracts

Samples: Guaranty, Guaranty Agreement, Guaranty Agreement

Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Lender is required to refund any sums to Borrower, such refund will not constitute a release of any liability of Guarantor under this Completion Guaranty. It is the intention of Lender and Guarantor that Guarantor’s 's obligations under this Completion Guaranty will not be discharged except by Guarantor’s performance in accordance with Section 19 of such obligations and then only to the extent of such performancethis Completion Guaranty.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement (Sentio Healthcare Properties Inc)

Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Lender any of Beneficiary Parties is required to refund any sums to Borrower, such refund will shall not constitute a release of any liability of Guarantor under this Guaranty. It is the intention of Lender Beneficiary Parties and Guarantor that Guarantor’s obligations under this Guaranty will shall not be discharged except by Guarantor’s performance of such obligations and then only to the extent of such performance.

Appears in 1 contract

Samples: Assignment of Rents and Leases

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Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Lender is required to refund any sums to Borrower, such refund will not constitute a release of any liability of Guarantor under this Completion Guaranty. It is the intention of Lender and Guarantor that Guarantor’s obligations under this Completion Guaranty will not be discharged except by Guarantor’s performance in accordance with Section 19 of such obligations and then only to the extent of such performancethis Completion Guaranty.

Appears in 1 contract

Samples: Guaranty of Completion (Strategic Student & Senior Housing Trust, Inc.)

Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Lender is required to refund any sums to Borrower, such refund will not constitute a release of any liability of Guarantor under this Guaranty. It is the intention intentiop of Lender and Guarantor that Guarantor’s 's obligations under this Guaranty will not be discharged except by Guarantor’s 's performance of such obligations and then only to the extent of such performance.

Appears in 1 contract

Samples: Guaranty (Steadfast Income REIT, Inc.)

Preference. If any payment by Borrower is held to constitute a preference under any applicable bankruptcy, insolvency, or similar laws, or if for any other reason Lender is required to refund any sums to Borrower, such refund will not constitute a release of any liability of Guarantor under this Guaranty. It is the intention of Lender and Guarantor that Guarantor’s 's obligations under this Guaranty will not be discharged except by Guarantor’s 's performance of such obligations and then only to the extent of such performance.

Appears in 1 contract

Samples: Guaranty (Bluerock Residential Growth REIT, Inc.)

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