Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor 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 Guarantor had never been made.
Appears in 16 contracts
Samples: Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of any Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, and to the extent permitted by law, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor 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 Guarantor had never been made.
Appears in 9 contracts
Samples: Guaranty Agreement (Griffin Capital Essential Asset REIT II, Inc.), Guaranty Agreement (Griffin Capital Essential Asset REIT, Inc.), Conditional Consent Agreement (Hudson Pacific Properties, Inc.)
Reinstatement of Obligations. If at any time all or any part of any payment made by the Guarantor or received by Lender from the Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, including but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower the Guarantor or any Borrower Partythe Borrowers), then the obligations of the Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, existence notwithstanding such previous payment made by the Guarantor, or receipt of payment by Lender, and the obligations of the Guarantor 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 Guarantor had never been made.
Appears in 2 contracts
Samples: Guaranty and Limited Indemnity Agreement (Emeritus Corp\wa\), Guaranty and Limited Indemnity Agreement (Emeritus Corp\wa\)
Reinstatement of Obligations. If at any time all or any part of any payment made by the Guarantor or received by Lender from the Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, including but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower the Guarantor or any Borrower PartyBorrower), then the obligations of the Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, existence notwithstanding such previous payment made by the Guarantor, or receipt of payment by Lender, and the obligations of the Guarantor 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 Guarantor had never been made.
Appears in 2 contracts
Samples: Credit Agreement (LNR Property Corp), Guaranty and Limited Indemnity Agreement (Emeritus Corp\wa\)
Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or Borrower or received by Lender from Guarantor or Borrower under or with respect to this Agreement is Guaranty or the other Loan Documents is, or must be be, rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder Obligations shall, to the extent of the payment rescinded or returned, and to the extent permitted by law, be deemed to have continued in existence, notwithstanding such previous payment made by GuarantorGuarantor or Borrower, as applicable, or receipt of payment by Lender, and the obligations of Guarantor hereunder Obligations shall continue to be effective or be reinstated, as the case may be, as to such payment, all as though such previous payment by Guarantor had never been made.or Borrower
Appears in 2 contracts
Samples: Guaranty Agreement (GTJ REIT, Inc.), Guaranty Agreement (GTJ REIT, Inc.)
Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor 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 Guarantor had never been made.
Appears in 2 contracts
Samples: Guaranty of Payment (Peak Resorts Inc), Guaranty of Payment (Peak Resorts Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender Administrative Agent or the Lenders from Guarantor 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 Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by LenderAdministrative Agent or the Lenders, and the obligations of Guarantor 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 Guarantor had never been made.
Appears in 1 contract
Samples: Guaranty Agreement (KBS Growth & Income REIT, Inc.)
Reinstatement of Obligations. If at any time all or any part ---------------------------- of any payment made by Guarantor or received by Lender CHE from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyParadise), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by LenderCHE, and the obligations of Guarantor 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 Guarantor had never been made.
Appears in 1 contract
Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor 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 Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor 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 Guarantor had never been made.
Appears in 1 contract
Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor 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 Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor 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 Guarantor had never been made.
Appears in 1 contract
Samples: Indemnification & Liability (Condor Hospitality Trust, Inc.)
Reinstatement of Obligations. If at any time all or any part of ---------------------------- any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of any Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, and to the extent permitted by law, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor 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 Guarantor had never been made.
Appears in 1 contract
Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor under or with respect to this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of any Guarantor, Borrower or any Borrower Party), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor 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 Guarantor had never been made.
Appears in 1 contract
Samples: Recourse Carve Out Guaranty (Indus International Inc)
Reinstatement of Obligations. If at any time all or any part of any payment made by Guarantor or received by Lender from Guarantor 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 Guarantor, Borrower Guarantor or any Borrower Partyof the Borrowers), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Guarantor, or receipt of payment by Lender, and the obligations of Guarantor 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 Guarantor which was rescinded or returned had never been made.
Appears in 1 contract
Samples: Payment Guaranty Agreement (American Realty Capital Hospitality Trust, Inc.)
Reinstatement of Obligations. If at any time all or any part of any payment made by the Borrower or Guarantor or received by Lender from the Borrower or Guarantor under or with respect to the Note or this Agreement Guaranty is or must be rescinded or returned for any reason whatsoever (including, but not limited to, the insolvency, bankruptcy or reorganization of Guarantor, Borrower Guarantor or any Borrower PartyBorrower), then the obligations of Guarantor hereunder shall, to the extent of the payment rescinded or returned, be deemed to have continued in existence, notwithstanding such previous payment made by Borrower or Guarantor, or receipt of payment by Lender, and the obligations of Guarantor 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 Borrower or Guarantor had never been made.
Appears in 1 contract
Samples: Guaranty (Secured Principal LLC)