Common use of Termination of Guaranty Clause in Contracts

Termination of Guaranty. (a) This Guaranty and Guarantor’s obligations hereunder shall remain operative and continue in full force and effect from the Lease Closing Date until such time as all the Guaranteed Obligations are duly performed and indefeasibly paid and satisfied in full, provided that this Guaranty and Guarantor’s obligations hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency or reorganization of any Lessee as though such payment had not been made or other satisfaction had not occurred. To the fullest extent permitted by Law, no invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws or any other Law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect or be a defense to or claim against the obligations of Guarantor under this Guaranty. (b) This Guaranty shall survive the insolvency of any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee or any other Person under any bankruptcy, insolvency, reorganization or other similar Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law with respect to any Lessee or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this Guaranty.

Termination of Guaranty. (a) This Guaranty Agreement and Performance Guarantor’s obligations hereunder shall remain operative and continue in full force and effect from until the Lease Closing Date until later of (i) the Final Payout Date, and (ii) such time as all the Guaranteed Obligations are duly performed and indefeasibly paid and satisfied in full, provided provided, that this Guaranty Agreement and Performance Guarantor’s obligations hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency insolvency, or reorganization of any Lessee Borrower or otherwise, as applicable, as though such payment had not been made or other satisfaction had occurred, whether or not occurredthe Administrative Agent or any of the Beneficiaries (or their respective assigns) are in possession of this Agreement. To the fullest extent permitted by Law, no No invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws Applicable Laws, or any other Applicable Law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations Obligations, shall impair, affect affect, or be a defense to or claim against the obligations of Performance Guarantor under this GuarantyAgreement. (b) This Guaranty Agreement shall survive the insolvency of Borrower, any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee Borrower or any other Person under any bankruptcy, insolvency, reorganization or other similar Applicable Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law with respect to any Lessee or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this Guaranty.

Termination of Guaranty. (a) This Except as hereafter provided, this ----------------------- Guaranty shall terminate and Guarantor’s obligations hereunder shall remain operative and continue in full be of no further force and effect from effect, upon (i) the expiration of the Term of the Lease, or (ii) the termination of the Lease Closing Date until by Tenant in accordance with the provisions of the Lease, or (iii) Tenant's assignment, in accordance with the terms of the Lease, of all of Tenant's right, title and interest in and to the Lease to an assignee (x) whose (or its guarantor's) net worth, determined in accordance with generally accepted accounting principles, consistently applied, is be equal to or greater than the net worth of Guarantor as of the date of this Guaranty, (y) against whom (or its guarantor) there is no action or proceeding pending or threatened or against whom (or its guarantor) there is no contingent liability that, if decided or occurring against such time as all assignee (or its guarantor), would have a material, adverse affect on the Guaranteed Obligations are duly performed then current net worth of such assignee (or its guarantor), and indefeasibly paid (z) who executes an assumption agreement by and satisfied between Landlord and such assignee (or whose guarantor executes a guaranty), on terms, provisions and conditions reasonably acceptable to Landlord, pursuant to which such assignee (or its guarantor) assumes each and every of the future obligations of the Tenant under the terms of the Lease. Notwithstanding the foregoing, in fullthe instance of clauses (i), provided that (ii) and (iii) above, this Guaranty and Guarantor’s shall not terminate in respect to any of those obligations hereunder shall continue to be effective of Tenant under the Lease that, at the time of such expiration of the Term, termination of the Lease by Tenant or shall be reinstatedassumption of Tenant's obligations under the Lease, had accrued, but were not then fully discharged. Except as provided in this Paragraph 11, the case may betermination of this Guaranty, if at any time payment or other satisfaction upon the occurrence of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon foregoing events, shall occur simultaneously with the bankruptcy, insolvency or reorganization occurrence of any Lessee as though such payment had not been made or other satisfaction had not occurred. To the fullest extent permitted by Law, no invalidity, irregularity or unenforceability by reason of the bankruptcyforegoing events, insolvency, reorganization or other similar Laws or any other Law or order without necessity of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect or be a defense to or claim against the obligations of Guarantor under this Guarantyfurther notice. (b) This Guaranty shall survive the insolvency of any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee or any other Person under any bankruptcy, insolvency, reorganization or other similar Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law with respect to any Lessee or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this Guaranty.

Termination of Guaranty. (a) This Guaranty Agreement and Guarantor’s obligations hereunder shall remain operative and continue in full force and effect from until the Lease Closing Date until later of (i) the Facility Expiration Date, and (ii) such time as all the Guaranteed Obligations (other than unasserted contingent indemnification obligations) are duly performed and indefeasibly paid and satisfied in full, provided provided, that this Guaranty Agreement and Guarantor’s obligations hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency insolvency, or reorganization of any Lessee Seller or otherwise, as applicable, as though such payment had not been made or other satisfaction had occurred, whether or not occurredBuyer or any of the Beneficiaries (or their respective assigns) are in possession of this Agreement. To the fullest extent permitted by Law, no No invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws applicable Requirements of Law, or any other applicable Requirements of Law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect affect, or be a defense to or claim against the obligations of Guarantor under this GuarantyAgreement. (b) This Guaranty Agreement shall survive the insolvency of Seller, any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee Seller or any other Person under any bankruptcy, insolvency, reorganization or other similar applicable Requirements of Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar applicable Requirements of Law with respect to any Lessee Seller or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this GuarantyAgreement.

Termination of Guaranty. (a) This Guaranty Agreement and Guarantor’s obligations hereunder shall remain operative and continue in full force and effect from until the Lease Closing Date until later of (i) the Facility Expiration Date, and (ii) such time as all the Guaranteed Obligations (other than unasserted contingent indemnification obligations) are duly performed and indefeasibly paid and satisfied in full, provided provided, that this Guaranty Agreement and Guarantor’s obligations hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency insolvency, or reorganization of any Lessee Seller, the Seller Agent or otherwise, as applicable, as though such payment had not been made or other satisfaction had occurred, whether or not occurredBuyer Agent or any of the Beneficiaries (or their respective assigns) are in possession of this Agreement. To the fullest extent permitted by Law, no No invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws Applicable Laws, or any other Applicable Law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect affect, or be a defense to or claim against the obligations of Guarantor under this GuarantyAgreement. (b) This Guaranty Agreement shall survive the insolvency of any LesseeSeller, Guaranty the Seller Agent, any Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee Seller, the Seller Agent or any other Person under any bankruptcy, insolvency, reorganization or other similar Applicable Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Applicable Law with respect to any Lessee Seller (other than CHS), the Seller Agent or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this GuarantyAgreement.

Termination of Guaranty. (a) This Guaranty and Guarantor’s obligations hereunder shall remain operative and continue in full force and effect as to the Guarantor until either (i) Lender shall actually receive from the Lease Closing Date Guarantor written notice of its discontinuance or (ii) June 30, 2000 (the "Guaranty Termination Date"), whichever occurs first, provided, however, this Guaranty shall remain in full force and effect thereafter until all Indebtedness outstanding, or contracted or committed for (whether or not outstanding), before the receipt of such time as all notice by Lender or the Guaranteed Obligations are duly performed Guaranty Termination Date, and indefeasibly any extensions or renewals thereof (whether made before or after receipt of such notice), together with interest accruing thereon after such notice or Guaranty Termination Date, shall be finally and irrevocably paid and satisfied in full. Payment of all of the Indebtedness from time to time prior to the Guaranty Termination Date shall not operate as a discontinuance of this Guaranty, unless notice of discontinuance as above provided that this has theretofore actually been received by Lender. This Guaranty and Guarantor’s obligations hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time any payment or other satisfaction of any of the Guaranteed Obligations Indebtedness of Borrower is rescinded or must otherwise be restored or returned by Lender upon the bankruptcyinsolvency, insolvency bankruptcy or reorganization of any Lessee Borrower or otherwise, all as though such payment had not been made or other satisfaction had not occurredmade. To the fullest extent permitted by Law, no invalidity, irregularity or unenforceability by reason As of the bankruptcydate any payment is returned, insolvency, reorganization the statute of limitations shall start anew with respect to any action or other similar Laws or any other Law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect or be a defense to or claim proceeding by Lender against the obligations of Guarantor under this Guaranty. (b) This Guaranty . The Guarantor shall survive defend and indemnify Lender against and from any claim or loss under this paragraph including actual attorneys' fees and expenses in the insolvency defense of any Lessee, Guaranty Beneficiary such action or any other Person and the commencement of any case or proceeding by or against any Lessee or any other Person under any bankruptcy, insolvency, reorganization or other similar Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law with respect to any Lessee or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this Guarantysuit.

Termination of Guaranty. (a) This Except as specifically provided otherwise, the obligations of each Guarantor under this Guaranty and Guarantor’s obligations hereunder shall remain operative and continue in full force and effect from the Lease Closing Date until such time as all the Guaranteed Obligations are duly performed and indefeasibly fully paid and satisfied in full, provided that performed. This Guaranty may be terminated as to any Guarantor only by such Guarantor's giving the Lenders sixty (60) days' prior written notice by registered or certified mail. and thereupon this Guaranty shall terminate with respect to such Guarantor only at the expiration of said sixty (60) day period which shall then be the effective date of termination, and that such termination shall be applicable only to transactions having their inception after the effective date of termination and shall not affect rights and obligations arising out of transactions having their inception prior to such date. The death, termination and dissolution of any Guarantor shall not effect the termination of this Guarantv as to any other Guarantor’s obligations . The termination by any Guarantor of any other guaranty shall not affect the continuing liability hereunder of any Guarantor. This Guaranty shall continue to be effective or shall be reinstated, as the case may be, if at any time payment of all or other satisfaction of any part of the Guaranteed Obligations guaranteed hereunder is rescinded or otherwise must otherwise be restored by the Lenders or returned Administrative Agent to any Customer or to the creditors of such Customer or any representative of such Customer or representative of the Customer's creditor's as a voidable preference or fraudulent conveyance upon the bankruptcyinsolvency, insolvency bankruptcy or reorganization of any Lessee Customer, or to any Guarantor or to the creditors of any Guarantor or any representative of any Guarantor or representative of the creditors of any Guarantor upon the insolvency, bankruptcy or reorganization of any Guarantor, or otherwise, all as though such payment payments had not been made or other satisfaction had not occurred. To the fullest extent permitted by Lawmade, no invalidityand in such event this Guaranty shall survive as an obligation of each Guarantor, irregularity or unenforceability by reason notwithstanding any return of the bankruptcy, insolvency, reorganization original of this Guaranty to any Guarantor or other similar Laws Customer or any other Law or order apparent termination of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect or be a defense to or claim against the Guarantor's obligations of Guarantor under this Guarantyhereunder. (b) This Guaranty shall survive the insolvency of any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee or any other Person under any bankruptcy, insolvency, reorganization or other similar Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law with respect to any Lessee or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this Guaranty.

Termination of Guaranty. (a) This Except as expressly provided in the last sentence of this Paragraph 25, this Guaranty shall terminate and Guarantor’s obligations hereunder shall remain operative and continue in full be of no further force and effect from two years following the termination of the Lease Closing Date until such time (the "Termination Date") so long as all the Guaranteed Obligations are duly performed and indefeasibly paid and satisfied in fullno notice of default, provided that this Guaranty and Guarantor’s obligations hereunder shall continue claim or demand relating to be effective a default or shall be reinstated, as the case may be, if at any time payment or other satisfaction breach by Tenant of any of its obligations under the Guaranteed Obligations is rescinded Lease, or must otherwise be restored or returned upon the bankruptcy, insolvency or reorganization by Guarantor of any Lessee as though such payment had not been made or other satisfaction had not occurred. To the fullest extent permitted by Law, no invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws or any other Law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect or be a defense to or claim against the its obligations of Guarantor under this Guaranty. , has been delivered or made by Landlord and has not been fully cured by Tenant or Guarantor, as applicable, or waived in writing by Landlord, in its sole discretion, as of such date (b) This in which event this Guaranty shall survive the insolvency of any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee or any other Person under any bankruptcy, insolvency, reorganization or other similar Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law continue with respect to any Lessee such defaults or breaches until such defaults or breaches are fully cured by Tenant or Guarantor, as applicable, or waived in writing by Landlord, in its sole discretion); provided, however, that if a claim or demand has been made on this Guaranty prior to the Termination Date (as it may be extended with respect to then-existing defaults or breaches as provided above), Guarantor's obligations hereunder with respect to such claim or demand and any other Person claims, demands or guaranteed obligations which may arise, directly or indirectly, from such claim or demand, shall not terminate until final resolution of any such claim or demand and full payment and/or performance of all guaranteed obligations arising therefrom. Notwithstanding the foregoing, this Guaranty shall not terminate with respect to, nor shall Guarantor be released from, any liability under any Lease provisions that expressly survive the termination of the Lease (other than Guarantor including, without limitation, Paragraphs 11 and 41(b) of the Lease) to the extent required by applicable law) shall postpone of liability arising directly or indirectly out of any acts, events or claims occurring prior to the obligations termination of Guarantor under this Guarantythe Lease.

Termination of Guaranty. (a) This Guaranty Agreement and Guarantor’s obligations hereunder shall remain operative and continue in full force and effect from until the Lease Closing Date until later of (i) the Facility Expiration Date, and (ii) such time as all the Guaranteed Obligations (other than unasserted contingent indemnification obligations) are duly performed and indefeasibly paid and satisfied in full, provided provided, that this Guaranty Agreement and Guarantor’s obligations hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency insolvency, or reorganization of any Lessee Seller Party or otherwise, as applicable, as though such payment had not been made or other satisfaction had occurred, whether or not occurredthe Buyer or any of the Beneficiaries (or their respective assigns) are in possession of this Agreement. To the fullest extent permitted by Law, no No invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws Applicable Laws, or any other Applicable Law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations Obligations, shall impair, affect affect, or be a defense to or claim against the obligations of Guarantor under this GuarantyAgreement. (b) This Guaranty Agreement shall survive the insolvency of any LesseeSeller Party, Guaranty any Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee Seller Party or any other Person under any bankruptcy, insolvency, reorganization or other similar Applicable Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Applicable Law with respect to any Lessee Seller Party or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this GuarantyAgreement.

Termination of Guaranty. (a) This The Guarantor's obligations under this ----------------------- Guaranty and Guarantor’s obligations hereunder shall remain operative and continue in full force and effect from and this Guaranty shall not terminate until the Lease Closing Date until such time as all indebtedness and obligations of the Guaranteed Obligations Borrower under the Loan Documents are duly fully paid, performed and indefeasibly discharged and GCC gives the Guarantor written notice of that fact. The indebtedness and obligations of the Borrower under the Loan Documents shall not be considered fully paid, performed and discharged unless and until all payments by the Borrower to GCC are no longer subject to any right on the part of any person, including, without limitation, the Borrower, the Borrower as debtor-in-possession, or any trustee or receiver in bankruptcy, to set aside such payments or seek to recoup the amount of such payments, or any part thereof. The for going shall include, without limitation, all rights to r cover preferences voidable under the federal Bankruptcy Code. In the event that any such payments by the Borrower to GCC are set aside after the making thereof, in whole or in part, or settled without litigation, to the extent of any such settlement, all of which is within GCC's sole and absolute discretion, the Guarantor shall be liable for the full amount GCC is required to repay plus costs, interest, attorneys' fees and any and all expenses which GCC paid and satisfied or incurred in full, provided that this Guaranty and Guarantor’s obligations hereunder connection therewith. The Guarantor shall continue to be effective liable under the terms of this Guaranty notwithstanding the transfer by the Borrower of all or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any portion of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon property encumbered by the bankruptcy, insolvency or reorganization of any Lessee as though such payment had not been made or other satisfaction had not occurred. To the fullest extent permitted by Law, no invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws or any other Law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect or be a defense to or claim against the obligations of Guarantor under this GuarantyLoan Documents. (b) This Guaranty shall survive the insolvency of any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee or any other Person under any bankruptcy, insolvency, reorganization or other similar Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law with respect to any Lessee or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this Guaranty.

Termination of Guaranty. (a) This Guaranty and Guarantor’s obligations hereunder shall remain operative and continue in full force and effect from the initial Lease Closing Date until such time as all the Guaranteed Obligations are duly performed and indefeasibly paid and satisfied in full, provided that this Guaranty and Guarantor’s obligations hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency or reorganization of any Lessee as though such payment had not been made or other satisfaction had not occurred. To the fullest extent permitted by Lawlaw, no invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws laws or any other Law law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect or be a defense to or claim against the obligations of Guarantor under this Guaranty. (b) This Guaranty shall survive the insolvency of any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee or any other Person under any bankruptcy, insolvency, reorganization or other similar Lawlaw. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law law with respect to any Lessee or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this Guaranty.

Termination of Guaranty. Guarantor may terminate this Guaranty by written notice, delivered personally to or received by certified or registered United States Mail or by overnight courier by an authorized officer of the Bank at the address for notices provided herein. Such termination shall be effective with respect to Guaranteed Obligations arising more than 15 days after the date such written notice is received by said Bank officer. Guarantor may not terminate this Guaranty as to Guaranteed Obligations (aincluding any subsequent extensions, modifications or compromises of the Guaranteed Obligations) This Guaranty and Guarantor’s obligations hereunder shall remain operative and continue in full force and effect from the Lease Closing Date until then existing, or to Guaranteed Obligations arising subsequent to receipt by Bank of said notice if such time as all the Guaranteed Obligations are duly performed and indefeasibly paid and satisfied in fulla result of Bank's obligation to make advances pursuant to a commitment entered into prior to expiration of the 15 day notice period, provided that or are a result of advances which are necessary for Bank to protect its collateral or otherwise preserve its interests. Termination of this Guaranty by any single Guarantor will not affect the existing and Guarantor’s continuing obligations hereunder shall continue to be effective or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any other guarantor hereunder. APPLICATION OF PAYMENTS, BANK LIEN AND SET-OFF. Monies received from any source by Bank for application toward payment of the Guaranteed Obligations may be applied to such Guaranteed Obligations in any manner or order deemed appropriate by Bank. Except as prohibited by law, Guarantor grants Bank a security interest in all of Guarantor's accounts maintained with Bank and any of its affiliates (collectively, the "Accounts"). If a Default occurs, Bank is rescinded authorized to exercise its right of set-off or must otherwise be restored or returned upon the bankruptcyto foreclose its lien against any obligation of Bank to Guarantor including, insolvency or reorganization of any Lessee as though such payment had not been made or other satisfaction had not occurred. To the fullest extent permitted by Lawwithout limitation, no invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws all Accounts or any other Law or order debt of any Governmental Authority thereof purporting to reducematurity, amend or otherwise affect the Guaranteed Obligations shall impair, affect or be a defense to or claim against the obligations of Guarantor under this Guarantywithout notice. (b) This Guaranty shall survive the insolvency of any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee or any other Person under any bankruptcy, insolvency, reorganization or other similar Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law with respect to any Lessee or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this Guaranty.

Termination of Guaranty. It is the intention hereof that the Guarantor shall remain liable under this Guaranty until all of the obligations under the Note have been fully paid and performed notwithstanding any act, omission or thing (aexcept payment to, or express, written waiver, release or consent by, the Lender) This which might otherwise operate as a legal or equitable discharge of the Guarantor. Notwithstanding anything contained herein to the contrary, the Guarantor agrees that to the extent all or any part of any payment of any of the obligations under the Note previously received by the Lender is subsequently invalidated, voided, declared to be fraudulent or preferential, set aside, recovered, rescinded or is required to be retained by or repaid to a trustee, receiver, or any other person under any bankruptcy code, common law, or equitable cause, or otherwise required to be returned by the Lender for any reason, whether by court order, administrative order or settlement, this Guaranty and Guarantor’s obligations hereunder the obligation or part thereof intended to be satisfied shall remain operative be revived and continue reinstated and continued in full force and effect from as to the Lease Closing Date until such time as all the Guaranteed Obligations are duly performed and indefeasibly paid and satisfied in full, provided that this Guaranty and Guarantor’s obligations hereunder hereunder, and the Guarantor agrees that it shall continue immediately pay to be effective such Lender the amount of such payment, notwithstanding any termination of this Guaranty or shall be reinstated, as the case may be, if at any time payment or other satisfaction of any cancellation of the Guaranteed Obligations is rescinded or must otherwise be restored or returned upon the bankruptcy, insolvency or reorganization of any Lessee as though such payment had not been made or other satisfaction had not occurred. To the fullest extent permitted by Law, no invalidity, irregularity or unenforceability by reason of the bankruptcy, insolvency, reorganization or other similar Laws or any other Law or order of any Governmental Authority thereof purporting to reduce, amend or otherwise affect the Guaranteed Obligations shall impair, affect or be a defense to or claim against the obligations of Guarantor under this GuarantyNote. (b) This Guaranty shall survive the insolvency of any Lessee, Guaranty Beneficiary or any other Person and the commencement of any case or proceeding by or against any Lessee or any other Person under any bankruptcy, insolvency, reorganization or other similar Law. No automatic stay under any bankruptcy, insolvency, reorganization or other similar Law with respect to any Lessee or any other Person (other than Guarantor to the extent required by applicable law) shall postpone the obligations of Guarantor under this Guaranty.