Reinstatement of Refunded Payments. If, for any reason, any payment to any Lender of any of the obligations guaranteed hereunder is required to be refunded by such Lender to Borrower, or paid or turned over to any other person, including, without limitation, by reason of the operation of bankruptcy, reorganization, receivership or insolvency laws or similar laws of general application relating to creditors' rights and remedies now or hereafter enacted, Guarantor agrees to pay the amount so required to be refunded, paid or turned over (the "Turnover Payment"), the obligations of Guarantor shall not be treated as having been discharged by the original payment to such Lender giving rise to the Turnover Payment, and this Guaranty shall be treated as having remained in full force and effect for any such Turnover Payment so made by such Lender, as well as for any amounts not theretofore paid to such Lender on account of such obligations.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Crescent Real Estate Equities Co), Unconditional Guaranty of Payment and Performance (Windrose Medical Properties Trust)
Reinstatement of Refunded Payments. If, for any reason, any payment to any Lender of any of the obligations guaranteed hereunder is required to be refunded by such Lender to Borrower, or paid or turned over to any other person, including, without limitation, by reason of the operation of bankruptcy, reorganization, receivership or insolvency laws or similar laws of general application relating to creditors' rights and remedies now or hereafter enacted, Guarantor agrees to pay the amount so required to be refunded, paid or turned over (the "Turnover Payment"), and the obligations of Guarantor shall not be treated as having been discharged by the original payment to such Lender giving rise to the Turnover Payment, and this Guaranty shall be treated as having remained in full force and effect for any such Turnover Payment so made by such Lender, as well as for any amounts not theretofore paid to such Lender on account of such obligations.
Appears in 2 contracts
Samples: Unconditional Guaranty of Payment and Performance (New Plan Excel Realty Trust Inc), Unconditional Guaranty of Payment and Performance (New Plan Excel Realty Trust Inc)
Reinstatement of Refunded Payments. If, for any reason, any payment to any Lender of any of the obligations guaranteed hereunder is required to be refunded by such Lender to Borrower, or paid or turned over to any other person, including, without limitation, by reason of the operation of bankruptcy, reorganization, receivership or insolvency laws or similar laws of general application relating to creditors' rights and remedies now or hereafter enacted, Guarantor agrees Guarantors agree to pay the amount so required to be refunded, paid or turned over (the "Turnover Payment"), the obligations of Guarantor Guarantors shall not be treated as having been discharged by the original payment to such Lender giving rise to the Turnover Payment, and this Guaranty shall be treated as having remained in full force and effect for any such Turnover Payment so made by such Lender, as well as for any amounts not theretofore paid to such Lender on account of such obligations.
Appears in 2 contracts
Samples: Unconditional Guaranty of Payment and Performance (Walden Residential Properties Inc), Unconditional Guaranty of Payment and Performance (Walden Residential Properties Inc)
Reinstatement of Refunded Payments. If, for any reason, any payment to any Lender of any of the obligations guaranteed hereunder is required to be refunded by such Lender to Borrower, or paid or turned over to any other person, including, without limitation, by reason of the operation of bankruptcy, reorganization, receivership or insolvency laws or similar laws of general application relating to creditors' rights and remedies now or hereafter enacted, Guarantor agrees to pay the amount so required to be refunded, paid or turned over (the "Turnover Payment"), and the obligations of Guarantor shall not be treated as having been discharged by the original payment to such Lender giving rise to the Turnover Payment, and this Guaranty shall be treated as having remained in full force and effect for any such Turnover Payment so made by such Lender, as well as for any amounts not theretofore paid to such Lender on account of such obligations.. 3
Appears in 1 contract
Samples: Unconditional Guaranty of Payment and Performance (New Plan Excel Realty Trust Inc)
Reinstatement of Refunded Payments. If, for any reason, any payment to any Lender of any of the obligations guaranteed hereunder is required to be refunded by such Lender to Borrower, or paid or turned over to any other person, including, without limitation, by reason of the operation of bankruptcy, reorganization, receivership or insolvency laws or similar laws of general application relating to creditors' rights and remedies now or hereafter enacted, Guarantor agrees to pay the amount so required to be refunded, paid or turned over (the "Turnover Payment"), the obligations of Guarantor shall not be treated as having been discharged by the original payment to such Lender giving rise to the Turnover Payment, and this Guaranty shall be treated as having remained in full force and effect for any such Turnover Payment so made by such Lender, as well as for any amounts not theretofore paid to such Lender on account of such obligations.
Appears in 1 contract
Samples: Unconditional Guaranty of Payment and Performance (Storage Trust Realty)
Reinstatement of Refunded Payments. If, for any reason, any payment to any Lender of any of the obligations guaranteed hereunder is required to be refunded by such Lender to Borrower, or paid or turned over to any other personPerson, including, without limitation, by reason of the operation of bankruptcy, reorganization, receivership or insolvency laws or similar laws of general application relating to creditors' ’ rights and remedies now or hereafter enacted, Guarantor agrees to pay the amount so required to be refunded, paid or turned over (the "“Turnover Payment"”), the obligations of Guarantor shall not be treated as having been discharged by the original payment to such Lender giving rise to the Turnover Payment, and this Guaranty shall be treated as having remained in full force and effect for any such Turnover Payment so made by such Lender, as well as for any amounts not theretofore paid to such Lender on account of such obligations.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Mills Corp)
Reinstatement of Refunded Payments. If, for any reason, any ---------------------------------- payment to any Lender of any of the obligations guaranteed hereunder is required to be refunded by such Lender to Lexxxx xo Borrower, or paid or turned over to any other person, including, without limitation, by reason of the operation of bankruptcy, reorganization, receivership or insolvency laws or similar laws of general application relating to creditors' rights and remedies now or hereafter enacted, Guarantor agrees to pay the amount so required to be refunded, paid or turned over (the "Turnover Payment"), the obligations of Guarantor shall not be treated as having been discharged by the original payment to such Lender giving rise to the Turnover Payment, and this Guaranty shall be treated as having remained in full force and effect for any such Turnover Payment so made by such Lender, as well as for any amounts not theretofore paid to such Lender on account of such obligations.
Appears in 1 contract
Samples: Unconditional Guaranty of Payment and Performance (Storage Trust Realty)