Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 6 contracts
Samples: Guaranty of Recourse Carve Outs (Strategic Storage Trust IV, Inc.), Guaranty of Payment (Global Self Storage, Inc.), Guaranty of Payment (Industrial Services of America Inc)
Subrogation Waiver. Until the Borrower’s Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Behringer Harvard Reit I Inc), Guaranty of Payment (Horizon Group Properties Inc), Guaranty of Payment and Completion (Horizon Group Properties Inc)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s 's successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the BorrowerXxxxxxxx, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 3 contracts
Samples: Replacement Guaranty of Payment and Recourse Obligations (Inland Real Estate Income Trust, Inc.), Guaranty (Inland Real Estate Income Trust, Inc.), Replacement Guaranty of Payment and Recourse Obligations (Inland Real Estate Income Trust, Inc.)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 3 contracts
Samples: Limited Guaranty of Payment (Grubb & Ellis Healthcare REIT, Inc.), Limited Guaranty of Payment (Grubb & Ellis Healthcare REIT, Inc.), Limited Guaranty of Payment (Grubb & Ellis Healthcare REIT, Inc.)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 2 contracts
Samples: Guaranty of Payment and Recourse Obligations (Inland Real Estate Income Trust, Inc.), Guaranty of Payment and Recourse Obligations (Inland Real Estate Income Trust, Inc.)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 2 contracts
Samples: Guaranty of Payment (Global Self Storage, Inc.), Guaranty of Payment and Performance (Feldman Mall Properties, Inc.)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor Guarantors or the Borrower as a preferential or fraudulent payment have expired, the each Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor Guarantors may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor Guarantors to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor Guarantors and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 2 contracts
Samples: Guaranty of Payment and Recourse Carve Outs (Strategic Storage Trust VI, Inc.), Guaranty of Payment and Recourse Carve Outs (Strategic Storage Trust VI, Inc.)
Subrogation Waiver. Until the Guaranteed Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower Borrowers as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the such Guarantor may now or hereafter have by and from the any Borrower and the successors and assigns of the any Borrower, for any payments made by the such Guarantor to the Lender, including, without limitation, any rights which might allow the any Borrower, the any Borrower’s successors, a creditor of the any Borrower, or a trustee in bankruptcy of the any Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the any Borrower or the any Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the such Guarantor and that such payment is recoverable by the such Borrower, a creditor or trustee in bankruptcy of the such Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 2 contracts
Samples: Guaranty of Payment and Performance (Adcare Health Systems, Inc), Guaranty of Payment and Performance (Adcare Health Systems, Inc)
Subrogation Waiver. Until the Guaranteed Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor Guarantors or the Borrower Borrowers as a preferential or fraudulent payment have expired, the each Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the such Guarantor may now or hereafter have by and from the any Borrower and the successors and assigns of the any Borrower, for any payments made by the such Guarantor to the Lender, including, without limitation, any rights which might allow the any Borrower, the any Borrower’s successors, a creditor of the any Borrower, or a trustee in bankruptcy of the any Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the any Borrower or the any Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the such Guarantor and that such payment is recoverable by the such Borrower, a creditor or trustee in bankruptcy of the such Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 2 contracts
Samples: Guaranty of Payment and Performance (Adcare Health Systems Inc), Guaranty of Payment and Performance (Adcare Health Systems Inc)
Subrogation Waiver. Until the Guaranteed Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower Borrowers as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the any Borrower and the successors and assigns of the any Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the any Borrower, the any Borrower’s successors, a creditor of the any Borrower, or a trustee in bankruptcy of the any Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the any Borrower or the any Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the any Borrower, a creditor or trustee in bankruptcy of the any Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 2 contracts
Samples: Guaranty of Payment and Performance (Adcare Health Systems Inc), Guaranty of Payment and Performance (Adcare Health Systems, Inc)
Subrogation Waiver. Until the Guaranteed Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor Guarantors or the Borrower as a preferential or fraudulent payment have expired, the each Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the such Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the such Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the such Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 2 contracts
Samples: Guaranty of Payment and Performance (Adcare Health Systems Inc), Guaranty of Payment and Performance (Adcare Health Systems Inc)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all agrees not to exercise any rights and or claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 1 contract
Samples: Guaranty of Payment (Grubb & Ellis Healthcare REIT, Inc.)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all agrees not to exercise any rights and or claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to Agent or any of the LenderBanks, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender any Bank or Agent was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from LaSalle, Agent or any of the LenderBanks. Notwithstanding the foregoing, so long as no Unmatured Event of Default or Event of Default (as defined in the Loan Agreement) has occurred and is continuing, Borrower may make payments to Guarantor of Net Cash Flow (as defined in the Loan Agreement).
Appears in 1 contract
Samples: Guaranty of Payment (NNN Healthcare/Office REIT, Inc.)
Subrogation Waiver. Until the Borrower’s Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the any Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the a Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 1 contract
Subrogation Waiver. Until the Guaranteed Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor Guarantors or the Borrower Borrowers as a preferential or fraudulent payment have expired, the each Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the such Guarantor may now or hereafter have by and from the any Borrower and the successors and assigns of the any Borrower, for any payments made by the such Guarantor to the Lender, including, without limitation, any rights which might allow the any Borrower, the any Borrower’s successors, a creditor of the any Borrower, or a trustee in bankruptcy of the any Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the any Borrower or the any Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the such Guarantor and that such payment is recoverable by the any Borrower, a creditor or trustee in bankruptcy of the any Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 1 contract
Samples: Guaranty of Payment and Performance (Adcare Health Systems Inc)
Subrogation Waiver. Until the Sellers’ Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower Sellers as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower Sellers and the successors and assigns of the BorrowerSellers, for any payments made by the Guarantor to the LenderBuyer, including, without limitation, any rights which might allow the BorrowerSellers, the Borrower’s Sellers’ successors, a creditor of the BorrowerSellers, or a trustee in bankruptcy of the Borrower Sellers to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower Sellers or the Borrower’s Sellers’ successors and assigns to the Lender Buyer was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the BorrowerSellers, a creditor or trustee in bankruptcy of the Borrower Sellers as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the LenderBuyer.
Appears in 1 contract
Samples: Asset Purchase Agreement (Applied Industrial Technologies Inc)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the BorrowerBxxxxxxx, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the BorrowerBxxxxxxx, the BorrowerBxxxxxxx’s successors, a creditor of the BorrowerBxxxxxxx, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the BorrowerBxxxxxxx’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 1 contract
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor Guarantors or the Borrower as a preferential or fraudulent payment have expired, the each Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor Guarantors may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor Guarantors to the Lender, including, without limitation, any rights which might allow the Borrower, the BorrowerXxxxxxxx’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the BorrowerXxxxxxxx’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor Guarantors and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 1 contract
Samples: Guaranty of Payment and Recourse Carve Outs (Strategic Storage Trust VI, Inc.)
Subrogation Waiver. Until the HouTex's Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the any Guarantor or the Borrower HouTex as a preferential or fraudulent payment have expired, the each Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the such Guarantor may now or hereafter have by and from the Borrower HouTex and the successors and assigns of the BorrowerHouTex, for any payments made by the such Guarantor to the Lender, including, without limitation, any rights which might allow the BorrowerHouTex, the Borrower’s HouTex's successors, a creditor of the BorrowerHouTex, or a trustee in bankruptcy of the Borrower HouTex to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower HouTex or the Borrower’s HouTex's successors and assigns to the Lender was on behalf of or for the benefit of the such Guarantor and that such payment is recoverable by the BorrowerHouTex, a creditor or trustee in bankruptcy of the Borrower HouTex as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 1 contract
Samples: Guaranty (Metal Management Inc)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower Tenant as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower Tenant and the successors and assigns of the BorrowerTenant, for any payments made by the Guarantor to the LenderLandlord, including, without limitation, any rights which might allow the BorrowerTenant, the Borrower’s Tenant's successors, a creditor of the BorrowerTenant, or a trustee in bankruptcy of the Borrower Tenant to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower Tenant or the Borrower’s Tenant's successors and assigns to the Lender Landlord was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the BorrowerTenant, a creditor or trustee in bankruptcy of the Borrower Tenant as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the LenderLandlord.
Appears in 1 contract
Samples: Guaranty of Lease (Cargo Connection Logistics Holding, Inc.)
Subrogation Waiver. Until the Obligations are paid in full fall and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of the Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower, the Borrower’s successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 1 contract
Samples: Guaranty of Payment (Inland American Real Estate Trust, Inc.)
Subrogation Waiver. Until the Borrower's Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice consultation of counsel, waives, relinquishes, releases and abandons all rights and claims to indemnification, contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the Borrower and the successors and assigns of Borrower, as the Borrowercase may be, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the Borrower or Borrower, the Borrower’s 's successors, a creditor of the Borrower, or a trustee in bankruptcy of the Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the Borrower or the Borrower’s 's successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the Borrower, a creditor or trustee in bankruptcy of the Borrower as a preferential payment, fraudulent conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 1 contract
Samples: Guaranty of Payment (NNN Healthcare/Office REIT, Inc.)
Subrogation Waiver. Until the Obligations are paid in full and all periods under applicable bankruptcy law for the contest of any payment by the Guarantor or the Borrower as a preferential or fraudulent payment have expired, the Guarantor knowingly, and with advice of counsel, to the extent permitted by applicable law, waives, relinquishes, releases and abandons all rights and claims to indemnificationindemnification (except as provided herein), contribution, reimbursement, subrogation and payment which the Guarantor may now or hereafter have by and from the either Borrower and the successors and assigns of the either Borrower, for any payments made by the Guarantor to the Lender, including, without limitation, any rights which might allow the either Borrower, the either Borrower’s successors, a creditor of the either Borrower, or a trustee in bankruptcy of the either Borrower to claim in bankruptcy or any other similar proceedings that any payment made by the either Borrower or the either Borrower’s successors and assigns to the Lender was on behalf of or for the benefit of the Guarantor and that such payment is recoverable by the either Borrower, a creditor or trustee in bankruptcy of the either Borrower as a preferential payment, fraudulent Execution Form 5 Guaranty of Payment and Completion/ Coronus Solar conveyance, payment of an insider or any other classification of payment which may otherwise be recoverable from the Lender.
Appears in 1 contract
Samples: Guaranty of Payment and Completion (Coronus Solar Inc.)