Common use of Postponement of Subrogation and Contribution Clause in Contracts

Postponement of Subrogation and Contribution. Until the Lender Indebtedness is irrevocably paid in full, Guarantor agrees not to exercise any claim or other right which it may now or hereafter acquire against the Borrower that arises from the existence or performance of the Guarantor's Obligations under this Guaranty Agreement or any of the other Loan Documents to which the Guarantor is a party, including, without limitation, any right of subrogation, reimbursement, exoneration, contribution, indemnification, any right to participate in any claim or remedy of the Lenders against the Borrower or any collateral which the Lenders hereafter acquire, whether or not such claim, remedy or right arises in equity or under contract, statute or common law, by any payment made hereunder or otherwise, including without limitation, the right to take or receive from the Borrower, directly or indirectly, in cash or other property or by setoff or in any other manner, payment or security on account of such claim or other right. Until the Lender Indebtedness is irrevocably paid in full, the Guarantor agrees that it will not exercise any rights which it may acquire by way of contribution under this Guaranty Agreement or any of the Loan Documents, by any payment made hereunder or otherwise. If any amount shall be paid to the Guarantor in violation of the preceding two sentences and the Guarantor's Obligations shall not have been paid in full, such amount shall be deemed to have been paid to the Guarantor for the benefit of, and held in trust for the Administrative Agent for the benefit of the Lenders and shall forthwith be paid to the Administrative Agent for the benefit of the Lenders to be credited and applied to the Lender Indebtedness, whether matured or unmatured.

Postponement of Subrogation and Contribution. Until the Lender Indebtedness is irrevocably paid in full, Guarantor agrees not to exercise Notwithstanding any claim payment or other right which it may now or hereafter acquire against the Borrower that arises from the existence or performance of the Guarantor's Obligations under this Guaranty Agreement or payments made by any of the other Loan Documents to which the Guarantor is a party, including, without limitation, Guarantors hereunder or any right set-off or appropriation and application of subrogation, reimbursement, exoneration, contribution, indemnification, funds of any right to participate in any claim or remedy of the Lenders Guarantors by the Collateral Agent or any other Secured Party, no Guarantor shall be entitled to be subrogated to any of the rights (or if subrogated by operation of law, such Guarantor hereby waives such rights to the extent permitted by applicable law) of the Collateral Agent or any other Secured Party against the Borrower or any Guarantor or any collateral which the Lenders hereafter acquire, whether security or not such claim, remedy guarantee or right arises in equity of offset held by the Collateral Agent or under contract, statute or common law, by any payment made hereunder or otherwise, including without limitation, the right to take or receive from the Borrower, directly or indirectly, in cash or other property or by setoff or in any other manner, Secured Party for the payment or security on account of such claim or other right. Until the Lender Indebtedness is irrevocably paid in full, the Guarantor agrees that it will not exercise any rights which it may acquire by way of contribution under this Guaranty Agreement or any of the Loan DocumentsObligations, nor shall any Guarantor seek or be entitled to seek any contribution or reimbursement from the Borrower or any Guarantor or other guarantor in respect of payments made by any payment made hereunder or otherwisesuch Guarantor hereunder, in each case, until the Termination Date (subject to the reinstatement provision pursuant to Section 9 hereof). If any amount shall be paid to any Guarantor on account of such subrogation rights at any time prior to the Guarantor in violation of Termination Date (subject to the preceding two sentences and the Guarantor's Obligations shall not have been paid in fullreinstatement provision pursuant to Section 9 hereof), such amount shall be deemed to have been paid to the held by such Guarantor for the benefit of, and held in trust for the Administrative Collateral Agent for and the benefit other Secured Parties, segregated from other funds of the Lenders such Guarantor, and shall shall, forthwith upon receipt by such Guarantor, be paid turned over to the Administrative Collateral Agent for in the benefit of exact form received by such Guarantor (duly indorsed by such Guarantor to the Lenders Collateral Agent, if required), to be credited and applied to against the Lender Indebtedness, Obligations whether matured or unmatured, in accordance with Section 5.4 of the Security Agreement.

Postponement of Subrogation and Contribution. Until the Lender Indebtedness is Obligations are irrevocably paid in full, Guarantor agrees not to exercise any claim or other right which it may now or hereafter acquire against the Borrower that arises from the existence or performance of the Guarantor's Obligations ’s obligations under this Guaranty Agreement or any of the other Loan Documents to which the Guarantor is a party, including, without limitation, any right of subrogation, reimbursement, exoneration, contribution, indemnification, any right to participate in any claim or remedy of the Lenders against the Borrower or any collateral which the Lenders hereafter acquire, whether or not such claim, remedy or right arises in equity or under contract, statute or common law, by any payment made hereunder or otherwise, including without limitation, the right to take or receive from the Borrower, directly or indirectly, in cash or other property or by setoff or in any other manner, payment or security on account of such claim or other right. Until the Lender Indebtedness is Obligations are irrevocably paid in full, the Guarantor agrees that it will not exercise any rights which it may acquire by way of contribution under this Guaranty Agreement or any of the Loan Documents, by any payment made hereunder or otherwise. If any amount shall be paid to the Guarantor in violation of the preceding two sentences and the Guarantor's Obligations shall not have been paid in full, such amount shall be deemed to have been paid to the Guarantor for the benefit of, and held in trust for the Administrative Agent for the benefit of the Lenders and shall forthwith be paid to the Administrative Agent for the benefit of the Lenders to be credited and applied to the Lender IndebtednessObligations, whether matured or unmatured.

Postponement of Subrogation and Contribution. Until the Lender Indebtedness is irrevocably paid in full, Guarantor agrees not to exercise any claim or other right which it may now or hereafter acquire against the Borrower that arises from the existence or performance of the Guarantor's ’s Obligations under this Guaranty Agreement or any of the other Loan Documents to which the Guarantor is a party, including, without limitation, any right of subrogation, reimbursement, exoneration, contribution, indemnification, any right to participate in any claim or remedy of the Lenders against the Borrower or any collateral which the Lenders hereafter acquire, whether or not such claim, remedy or right arises in equity or under contract, statute or common law, by any payment made hereunder or otherwise, including without limitation, the right to take or receive from the Borrower, directly or indirectly, in cash or other property or by setoff or in any other manner, payment or security on account of such claim or other right. Until the Lender Indebtedness is irrevocably paid in full, the Guarantor agrees that it will not exercise any rights which it may acquire by way of contribution under this Guaranty Agreement or any of the Loan Documents, by any payment made hereunder or otherwise. If any amount shall be paid to the Guarantor in violation of the preceding two sentences and the Guarantor's ’s Obligations shall not have been paid in full, such amount shall be deemed to have been paid to the Guarantor for the benefit of, and held in trust for the Administrative Agent for the benefit of the Lenders and shall forthwith be paid to the Administrative Agent for the benefit of the Lenders to be credited and applied to the Lender Indebtedness, whether matured or unmatured.