Common use of Release of Collateral and Guarantees, Termination of Loan Documents Clause in Contracts

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations have been Paid in Full, this Agreement and all other Loan Documents, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower Representative, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations (other than obligations in respect of any Hedging Agreement) have been Paid paid in Fullfull, this Agreement and all other Loan DocumentsCommitments have terminated or expired, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower RepresentativeBorrower, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender Lender, or any affiliate of any Lender Counterpartythat is a party to any Hedging Agreement) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document, whether or not on the date of such release there may be outstanding Obligations in respect of Hedging Agreements. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when either (i) all Obligations have been Paid paid in Fullfull or (ii) in connection with any disposition, merger, consolidation or other similar action expressly permitted under this Agreement and all other Loan DocumentsAgreement, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower Representative, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender CounterpartyLender) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral(or, and in the case of clause (ii), the relevant portion) of the Collateral and, if applicable, to evidence the release of all guarantee obligations provided for in any Loan Document, to the extent that, after giving effect to any transaction described in clause (ii) above, the security interest in such Collateral and such guaranty would not be required pursuant to the terms of this Agreement. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations (other than contingent indemnification obligations not yet due and payable and obligations under Hedge Agreements) have been Paid paid in Full, this Agreement and all other Loan Documentsfull, all guarantee obligations provided for in Commitments have terminated or expired or been cancelled and no Letter of Credit shall be outstanding (or if any Loan Document and all security interests granted pursuant Letter of Credit remains outstanding, each such Letter of Credit shall have been backstopped or cash collateralized to any Loan Document shall automatically terminatethe reasonable satisfaction of the Issuing Bank), and upon request of the Borrower Representative, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, but without limiting any other provision therein providing for the partial release of any Collateral, when all Obligations (other than obligations in respect of any Hedge Agreement) have been Paid paid in Full, this Agreement full and all other Loan DocumentsCommitments have terminated or expired, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower RepresentativeBorrower, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender Lender, or any affiliate of any Lender Counterpartythat is a party to any Hedge Agreement) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document, whether or not on the date of such release there may be outstanding Obligations in respect of Hedge Agreements. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any the Borrower or any GuarantorGuarantor Party, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any the Borrower or any Guarantor Party or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations (other than obligations in respect of any Secured Hedge Agreement) have been Paid paid in Full, this Agreement and all other Loan Documentsfull, all guarantee obligations provided for in any Loan Document Commitments have terminated or expired and all security interests granted pursuant to any Loan Document no Letter of Credit shall automatically terminatebe outstanding, and upon request of the Borrower RepresentativeBorrower, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender Lender, or any affiliate of any Lender Counterpartythat is a party to any Secured Hedge Agreement) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document, whether or not on the date of such release there may be outstanding Obligations in respect of Secured Hedge Agreements. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any the Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any the Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations (other than Designated L/C Facility Obligations, Obligations in respect of any Secured Hedging Agreement and any unasserted contingent indemnification and unasserted reimbursement obligations) have been Paid paid in Full, this Agreement full and all other Loan DocumentsCommitments have terminated or expired, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower RepresentativeBorrower, the Administrative Agent and or the Collateral Agent Agent, as applicable, shall (without notice to, or vote or consent of, any Lender or Lender, any Affiliate of any Lender that is a party to any Secured Hedging Agreement or of any Designated L/C Facility Counterparty) take such actions as shall be reasonably requested required to evidence the release of its security interest in and Liens upon all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document, whether or not on the date of such release there may be outstanding Designated L/C Facility Obligations or Obligations in respect of Secured Hedging Agreements. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any Borrower or any GuarantorLoan Party, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any Borrower or any Guarantor Loan Party or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations (other than obligations in respect of any Secured Hedge Agreement) have been Paid paid in Full, this Agreement and all other Loan Documentsfull, all guarantee obligations provided for in any Loan Document Commitments have terminated or expired and all security interests granted pursuant to any Loan Document no Letter of Credit shall automatically terminatebe outstanding, and upon request of the Borrower RepresentativeBorrower, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender Lender, or any affiliate of any Lender Counterpartythat is a party to any Secured Hedge Agreement) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document, whether or not on the date of such release there may be outstanding Obligations in respect of Secured Hedge Agreements. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any the Borrower or any Guarantor, or upon or as a result of the 126 appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any the Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations under the Loan Documents have been Paid in Full, this Agreement and all other Loan Documents, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower Representative, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations under the Loan Documents guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership receivership, administration, provisional supervision or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, administrator, provisional supervisor, examiner or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations have been Paid in Full, this Agreement and all other Loan Documents, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower Representative, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall | || 190 be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations (other than (x) obligations in respect of any Hedge Agreement and (y) unasserted contingent indemnity obligations) have been Paid paid in Full, this Agreement full and all other Loan DocumentsCommitments have terminated or expired or been cancelled, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower RepresentativeBorrower, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested necessary or advisable to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document, whether or not on the date of such release there may be outstanding obligations in respect of Hedge Agreements. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any the Borrower or any Subsidiary Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any the Borrower or any Subsidiary Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, but subject to Section 4.6, when all Obligations (other than Secured Bank Product Obligations) have been Paid paid in Fullfull, this Agreement and all other Loan DocumentsCommitments have terminated or expired, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower RepresentativeCompany, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender Lender, or any affiliate of any Lender Counterpartythat is a party to any Bank Product) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document, whether or not on the date of such release there may be outstanding Obligations in respect of Bank Products. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations have been Paid in Full, this Agreement and all other Loan Documents, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower Representative, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided 178 for in any Loan Document. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, but subject to Section 4.6, when all Obligations (other than Secured Bank Product Obligations) have been Paid paid in Fullfull, this Agreement and all other Loan DocumentsCommitments have terminated or expired, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower RepresentativeCompany, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender Lender, or any affiliate of any Lender Counterpartythat is a party to any Bank Product) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document, whether or not on the date of such release there may be outstanding Obligations in respect of Bank Products. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations (other than contingent indemnification obligations not yet due and payable and obligations under Interest Rate Agreements not yet due and payable) have been Paid paid in Full, this Agreement full and all other Loan DocumentsCommitments have terminated or expired or been cancelled, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower RepresentativeBorrower, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any the Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any the Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations under the Loan Documents have been Paid in Full, this Agreement and all other Loan Documents, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower Representative, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document. Any such release of guarantee obligations shall be deemed subject 130 US-DOCS\106883637.15 to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations under the Loan Documents guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership receivership, administration, provisional supervision or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, administrator, provisional supervisor, examiner or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, when all Obligations have been Paid in Full, this Agreement and all other Loan Documents, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminate, and upon request of the Borrower Representative, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested to evidence the 189 release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership or reorganization of any Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner or conservator of, or trustee or similar officer for, any Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.

Release of Collateral and Guarantees, Termination of Loan Documents. (i) Notwithstanding anything to the contrary contained herein or any other Loan Document, but subject to the terms, conditions and provisions of the Intercreditor Agreement, when all Obligations (other than contingent indemnification obligations not yet due and payable) have been Paid paid in Full, this Agreement and all other Loan Documentsfull, all guarantee obligations provided for in any Loan Document and all security interests granted pursuant to any Loan Document shall automatically terminateCommitments have terminated or expired or been cancelled, and upon request of the Borrower RepresentativeBorrower, the Administrative Agent and the Collateral Agent shall (without notice to, or vote or consent of, any Lender or any Lender Counterparty) take such actions as shall be reasonably requested required to evidence the release of its security interest in all Collateral, and to evidence the release of all guarantee obligations provided for in any Loan Document. Any such release of guarantee obligations shall be deemed subject to the provision that such guarantee obligations shall be reinstated if after such release any portion of any payment in respect of the Obligations guaranteed thereby shall be rescinded or must otherwise be restored or returned upon the insolvency, bankruptcy, dissolution, liquidation, examinership, receivership liquidation or reorganization of any the Borrower or any Guarantor, or upon or as a result of the appointment of a receiver, intervenor, liquidator, examiner intervenor or conservator of, or trustee or similar officer for, any the Borrower or any Guarantor or any substantial part of its property, or otherwise, all as though such payment had not been made.