Common use of Voidable Preference; Fraudulent Conveyance Clause in Contracts

Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by or for the account of the Guarantor on account of any of the obligations and liabilities guaranteed under this Guaranty is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by HUD under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of a Guarantor or upon, or as a result of, the appointment of any receiver, intervener or conservator of, or trustee or similar officer for, any Guarantor or any substantial part of his properties or assets, Guarantor hereby agrees that this Guaranty shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such payment(s) had not been made.

Appears in 2 contracts

Samples: Guaranty Agreement, Guaranty Agreement

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Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by by, or for the account of of, the Guarantor on account of any of the obligations and liabilities guaranteed under this Guaranty hereunder is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by HUD the Lender under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of a Guarantor the Borrower or upon, or as a result of, the appointment of any receiver, intervener intervenor or conservator of, or trustee or similar officer for, any Guarantor the Borrower or any substantial part of his its properties or assets, the Guarantor hereby agrees that this Guaranty Agreement shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such payment(s) had not been made.

Appears in 2 contracts

Samples: Guaranty of Payment (Sunrise Assisted Living Inc), Guaranty of Payment (Bioreliance Corp)

Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by by, or for the account of of, the Guarantor Guarantor(s) on account of any of the obligations and liabilities guaranteed under this Guaranty hereunder is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by HUD the County under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of a Guarantor the Borrower or upon, or as a result of, the appointment of any receiver, intervener intervenor or conservator of, or trustee or similar officer for, any Guarantor the Borrower or any substantial part of his its properties or assets, the Guarantor hereby agrees that this Guaranty shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such payment(spayments) had not been made.

Appears in 2 contracts

Samples: Personal Loan Guaranty and Joinder, Personal Loan Guaranty

Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by by, or for the account of the of, Guarantor on account of any of the obligations and liabilities guaranteed under this Guaranty hereunder is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by HUD Agent under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of a Guarantor Borrower or upon, or as a result of, the appointment of any receiver, intervener intervenor or conservator of, or trustee or similar officer for, any Guarantor Borrower or any substantial part of his its properties or assets, Guarantor hereby agrees that this Guaranty Agreement shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such payment(s) had not been made.

Appears in 1 contract

Samples: Guaranty of Payment (Sunrise Senior Living Inc)

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Voidable Preference; Fraudulent Conveyance. If at any time any payment, or portion thereof, made by by, or for the account of the of, Guarantor on account of any of the obligations and liabilities guaranteed under this Guaranty hereunder is set aside by any court or trustee having jurisdiction as a voidable preference or fraudulent conveyance or must otherwise be restored or returned by HUD Lender under any insolvency, bankruptcy or other federal and/or state laws or as a result of any dissolution, liquidation or reorganization of a Guarantor Borrower or upon, or as a result of, the appointment of any receiver, intervener intervenor or conservator of, or trustee or similar officer for, any Guarantor Borrower or any substantial part of his its properties or assets, Guarantor hereby agrees that this Guaranty Agreement shall continue and remain in full force and effect or be reinstated, as the case may be, all as though such payment(s) had not been made.

Appears in 1 contract

Samples: Guaranty of Payment (Sunrise Senior Living Inc)

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