Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrower), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by Lender, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 24 contracts
Samples: Indemnity and Guaranty Agreement (IMH Financial Corp), Indemnity and Guaranty Agreement (IMH Financial Corp), Indemnity and Guaranty Agreement (IMH Financial Corp)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or BorrowerIndemnitor), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by Lender, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 6 contracts
Samples: Environmental Indemnity Agreement (NNN Healthcare/Office REIT, Inc.), Environmental Indemnity Agreement (NNN Healthcare/Office REIT, Inc.), Environmental Indemnity Agreement (NNN Apartment REIT, Inc.)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender or one of its Affiliates from Indemnitor under or with respect pursuant to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, including the insolvency, bankruptcy or reorganization of Indemnitor or BorrowerIndemnitor), then the obligations of Indemnitor hereunder under this Agreement shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, Indemnitor or receipt of payment by LenderLender or such Affiliate, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 5 contracts
Samples: Environmental Indemnity Agreement (Lodging Fund REIT III, Inc.), Environmental Indemnity Agreement (Lodging Fund REIT III, Inc.), Environmental Indemnity Agreement (Lodging Fund REIT III, Inc.)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor Indemnitors or received by Lender from Indemnitor Indemnitors under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrowereither Indemnitor), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by IndemnitorIndemnitors, or receipt of payment by Lender, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor Indemnitors had never been made.
Appears in 5 contracts
Samples: Hazardous Substances Indemnity Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Environmental Indemnity Agreement (Apple Hospitality Two Inc), Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc)
Reinstatement of Obligations. If at any time all or any part of any ---------------------------- payment made by Indemnitor or received by Lender from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrower), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by Lender, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 3 contracts
Samples: Indemnity and Guaranty Agreement (Cornerstone Realty Income Trust Inc), Indemnity and Guaranty Agreement (Discovery Investments Inc), Indemnity and Guaranty Agreement (Apple Suites Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender the Beneficiaries from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or BorrowerIndemnitor), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or and returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by Lenderthe Beneficiaries, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.,
Appears in 2 contracts
Samples: Environmental Indemnity Agreement (BRT Realty Trust), Environmental Indemnity Agreement (BRT Realty Trust)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrower), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by Lender, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made. 4.
Appears in 2 contracts
Samples: Indemnity and Guaranty Agreement, Indemnity and Guaranty Agreement
Reinstatement of Obligations. If at any time all or any part of any ---------------------------- payment made by Indemnitor Indemnitors or received by Lender from Indemnitor Indemnitors under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrowereither Indemnitor), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by IndemnitorIndemnitors, or receipt of payment by Lender, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor Indemnitors had never been made.
Appears in 2 contracts
Samples: Environmental Indemnity Agreement (Cornerstone Realty Income Trust Inc), Indemnity and Guaranty Agreement (Brookdale Living Communities Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender BLC from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or BorrowerCMCP or any of them), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by LenderBLC, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Brookdale Senior Living Inc.)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender Venoco from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or BorrowerIndemnitor), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by LenderVenoco, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 1 contract
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender tender from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or BorrowerIndemnitor), then the obligations of Indemnitor indemnity hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by Lender, and the obligations of Indemnitor indemnity hereunder shall continue to be effective or be reinstated, as the case may be, : as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 1 contract
Reinstatement of Obligations. If at any time all or any part of any payment made by any Indemnitor or received by Lender Quixotic from any Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrowersuch Indemnitor), then the obligations of Indemnitor Parties hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by any Indemnitor, or receipt of payment by LenderQuixotic, and the obligations of Indemnitor Parties hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by such Indemnitor had never been made.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Clear Skies Holdings Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor Indemnitors or received by Lender Holder from Indemnitor Indemnitors under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrowereither Indemnitor), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by IndemnitorIndemnitors, or receipt of payment by LenderHolder, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor Indemnitors had never been made.
Appears in 1 contract
Samples: Hazardous Substances Indemnity Agreement (Charming Shoppes Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor Indemnitors or received by Lender from Indemnitor Indemnitors under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrowereither Indemnitor), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by IndemnitorIndemnitors, or receipt of payment by Lender, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor Indemnitors had never been made.,
Appears in 1 contract
Samples: Indemnity Agreement (Secured Investment Resources Fund Lp Ii)
Reinstatement of Obligations. If at any time all or any part of ---------------------------- any payment made by Indemnitor Indemnitors or received by Lender from Indemnitor Indemnitors under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrowereither Indemnitor), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by IndemnitorIndemnitors, or receipt of payment by Lender, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor Indemnitors had never been made.
Appears in 1 contract
Samples: Environmental Indemnity Agreement (Apple Suites Inc)
Reinstatement of Obligations. If at any time all or any part of any ---------------------------- payment made by Indemnitor or received by Lender HR from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or BorrowerIndemnitor), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by LenderHR, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 1 contract
Reinstatement of Obligations. If at any time all or any part of any payment ---------------------------- made by Indemnitor Indemnitors or received by Lender from Indemnitor Indemnitors under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrowerany Indemnitor), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by IndemnitorIndemnitors, or receipt of payment by Lender, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor Indemnitors had never been made.
Appears in 1 contract
Samples: Substances Indemnity Agreement (Brookdale Living Communities Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or BorrowerBorrower or Ground Lessor), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by Lender, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Host Funding Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by any Indemnitor or received by the Agent on its behalf or on behalf of any Lender from such Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor Indemnitor, Borrower or Borrowerany Guarantor), then the joint and several obligations of Indemnitor the Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by the applicable Indemnitor, or receipt of payment by LenderAgent, and the obligations of each Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by the applicable Indemnitor had never been made.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (American Financial Realty Trust)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor Indemnitors or received by Lender Beneficiary from Indemnitor Indemnitors under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor Indemnitors, or Borrowereither of them), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by IndemnitorIndemnitors, or receipt of payment by LenderBeneficiary, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor Indemnitors had never been made.
Appears in 1 contract
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or BorrowerAssumptor), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by Lender, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Inland Diversified Real Estate Trust, Inc.)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor or received by Lender from Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or of Borrower), then the obligations of Indemnitor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Indemnitor, or receipt of payment by Lender, and the obligations of Indemnitor hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor had never been made.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Old Line Bancshares Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by any Indemnitor or received by Lender from such Indemnitor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrowersuch Indemnitor), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by any such Indemnitor, or receipt of payment by Lender, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by such Indemnitor had never been made.
Appears in 1 contract
Samples: Lease Agreement (Cel Sci Corp)
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor Indemnitors or received by Lender from Indemnitor Indemnitors under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor Borrower or Borrowerany Indemnitor), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by IndemnitorIndemnitors, or receipt of payment by Lender, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor Indemnitors had never been made.
Appears in 1 contract
Reinstatement of Obligations. If at any time all or any part of any payment made by Indemnitor Indemnitors or received by Lender from Indemnitor Indemnitors under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Indemnitor or Borrowerany Indemnitor), then the obligations of Indemnitor Indemnitors hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by IndemnitorIndemnitors, or receipt of payment by Lender, and the obligations of Indemnitor Indemnitors hereunder shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Indemnitor Indemnitors had never been made.
Appears in 1 contract
Samples: Substances Indemnity Agreement (Moody National REIT I, Inc.)