Common use of Preference Clause in Contracts

Preference. Any payment by Borrower to Lenders (or any of them) or Servicer or Collateral Agent (in either case, on behalf of Lenders) is held to constitute a preference under bankruptcy laws, or for any reason Lenders (or any of them) or Servicer or Collateral Agent (in either case, on behalf of Lenders) is required to refund such payment or pay such amount to Borrower or someone else.

Appears in 11 contracts

Samples: Loan Agreement, Second Mezzanine Loan Agreement (Harrahs Entertainment Inc), Mezzanine Loan Agreement (Harrahs Entertainment Inc)

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Preference. Any payment by Borrower to Agent and/or Lenders (or any of them) or Servicer or Collateral Agent (in either case, on behalf of Lenders) is held to constitute a preference under bankruptcy laws, laws or for any reason Agent or Lenders (or any of them) or Servicer or Collateral Agent (in either case, on behalf of Lenders) is are required to refund such payment or pay such amount to Borrower or someone else.

Appears in 1 contract

Samples: Guaranty of Recourse Carveouts (Hilton Worldwide Holdings Inc.)

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Preference. Any payment by Borrower to Agent and/or Lenders (or any of them) or Servicer or Collateral Agent (in either case, on behalf of Lenders) is held to constitute a preference under bankruptcy laws, laws or for any reason Agent and/or Lenders (or any of them) or Servicer or Collateral Agent (in either case, on behalf of Lenders) is are required to refund such payment or pay such amount to Borrower or someone else.

Appears in 1 contract

Samples: Guaranty (Sothebys)

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