Common use of Preferences Clause in Contracts

Preferences. To the extent Borrower makes a payment or payments to Lender, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender.

Appears in 41 contracts

Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Glimcher Realty Trust), Loan and Security Agreement (Bloomin' Brands, Inc.)

Preferences. To the extent Borrower makes a payment or payments to Lender, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawCreditors Rights Laws, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender.

Appears in 25 contracts

Sources: Loan Agreement (Stirling Hotels & Resorts, Inc.), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Preferences. To the extent Borrower makes Borrowers make a payment or payments to Lender, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender.

Appears in 3 contracts

Sources: Loan Agreement (Prime Retail Lp), Loan Agreement (Horizon Group Properties Inc), Loan Agreement (Prime Retail Lp)

Preferences. To the extent If Borrower makes a payment or payments to LenderLenders that is, which payment in whole or proceeds or any part thereof are in part, subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds receivedamount, the obligations Obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds amount had not been received by LenderLenders.

Appears in 2 contracts

Sources: Loan Agreement (Vinebrook Homes Trust, Inc.), Loan Agreement (Vinebrook Homes Trust, Inc.)

Preferences. To the extent Borrower makes a payment or payments to LenderLender for Borrower's benefit, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender.

Appears in 1 contract

Sources: Loan Agreement (Forum Group Inc)

Preferences. To the extent Borrower makes a payment or payments to LenderLenders, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by LenderLenders.

Appears in 1 contract

Sources: Facility Loan Program Agreement and Security Agreement (Seven Hills Realty Trust)

Preferences. To the extent Borrower makes a payment or payments to Lender, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawCreditors Rights Law, state or federal lawLaw, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender.

Appears in 1 contract

Sources: Loan Agreement (Chesapeake Lodging Trust)

Preferences. To the extent Borrower makes a payment or payments to Lender, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal Federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations Obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender.

Appears in 1 contract

Sources: Loan Agreement (Assisted 4 Living, Inc.)

Preferences. To the extent If a Borrower makes a payment or payments to LenderLenders that is, which payment in whole or proceeds or any part thereof are in part, subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds receivedamount, the obligations Obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds amount had not been received by LenderLenders.

Appears in 1 contract

Sources: Loan Agreement (Vinebrook Homes Trust, Inc.)

Preferences. To the extent Borrower makes a payment or payments to Lender, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy law123 Creditors Rights Laws, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by LenderLend▇▇.

Appears in 1 contract

Sources: Loan Agreement (Creative Media & Community Trust Corp)

Preferences. To the extent Borrower makes a payment or payments to Lender, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawCreditors Rights Laws, state or federal law, common law or equitable cause, then, to the extent of such payment or proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender.or

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

Preferences. To the extent Borrower makes a payment or payments to Lender, which payment or proceeds or any part thereof are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, receiver or any other party under any bankruptcy lawCreditors Rights Laws, state or federal law, common law or equitable cause, then, to the extent of such payment or ▇▇▇▇▇▇▇▇.▇.▇▇▇▇▇▇▇▇ 166 proceeds received, the obligations hereunder or part thereof intended to be satisfied shall be revived and continue in full force and effect, as if such payment or proceeds had not been received by Lender.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)