Common use of Preferential Payment Clause in Contracts

Preferential Payment. Guarantor agrees that to the extent Borrower or Guarantor makes any payment to Lender in connection with the Indebtedness, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential; set aside or required to be repaid by Lender or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a "Preferential Payment"), then this Guaranty shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by Lender, the Indebtedness or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if said Preferential Payment had not been made.

Appears in 2 contracts

Samples: Private Equity Loan Agreement (Upholstery International, Inc.), Private Equity Loan Agreement (Upholstery International, Inc.)

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Preferential Payment. Guarantor further agrees that to the extent Borrower Tenant or Guarantor makes any payment to Lender Landlord in connection with the Indebtedness, Guaranteed Obligations and all or any part of such payment is subsequently subsequent invalidated, declared to be fraudulent or preferential; , set aside or required to be repaid by Lender Landlord or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a "Preferential Payment"), then this Guaranty shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by LenderLandlord, the Indebtedness Tenant’s Obligations or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if said such Preferential Payment had not been made.

Appears in 1 contract

Samples: Guaranty (Bloomin' Brands, Inc.)

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Preferential Payment. Guarantor agrees that to the extent Borrower or Guarantor makes any payment to Lender Bank in connection with the Indebtedness, and all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential; , set aside or required to be repaid by Lender Bank or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or otherwise (any such payment is hereinafter referred to as a "Preferential Payment"), then this Guaranty Guarantee shall continue to be effective or shall be reinstated, as the case may be, and, to the extent of such payment or repayment by LenderBank, the Indebtedness or part thereof intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if said Preferential Payment had not been made.

Appears in 1 contract

Samples: Guaranty Agreement (City Office REIT, Inc.)

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