Common use of Status of Liens Clause in Contracts

Status of Liens. The fact that any collateral, security, security interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors that Guarantors are not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantors’ rights of subrogation are, however, subordinate to the rights, claims, liens, and security interests of the Credit Parties;

Appears in 3 contracts

Sources: Revolving Credit Agreement (Horton D R Inc /De/), Exchange Agreement (Protection One Alarm Monitoring Inc), Revolving Credit Agreement (Horton D R Inc /De/)

Status of Liens. The fact that any collateral, security, security interest, interest or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors Guarantor that Guarantors are Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties Lender in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantors’ Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens, liens and security interests of the Credit PartiesLender;

Appears in 3 contracts

Sources: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)

Status of Liens. The fact that any collateral, security, security interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors that Guarantors are not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantors' rights of subrogation are, however, subordinate to the rights, claims, liens, and security interests of the Credit Parties;

Appears in 2 contracts

Sources: Revolving Credit Agreement (Horton D R Inc /De/), Credit Agreement (Prologis Trust)

Status of Liens. The fact that any collateral, security, security interest, interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt Obligations shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors Guarantor that Guarantors are Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed DebtObligations; notwithstanding the foregoing, Guarantors do Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Guaranteed Credit Parties in any collateral or security for the Guaranteed Debt Obligations after payment in full of the Guaranteed DebtObligations; Guarantors’ provided that Guarantor’s rights of subrogation are, however, are subordinate to the rights, claims, liens, and security interests of the Guaranteed Credit PartiesParties until the payment in full of the Guaranteed Obligations (other than Contingent Indemnification Obligations);

Appears in 2 contracts

Sources: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)

Status of Liens. The fact that any collateral, security, security interest, or lien Lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt Obligations shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lienLien, it being recognized and agreed by Guarantors the Guarantor that Guarantors are the Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed Debt; notwithstanding Obligations. Notwithstanding the foregoing, Guarantors do the Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties Lenders in any collateral or security for the Guaranteed Debt Obligations, after payment in full of the Guaranteed DebtObligations; Guarantors’ the Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens, claims and security interests Liens of the Credit PartiesAgent and the Lenders;

Appears in 2 contracts

Sources: Guaranty Agreement (Flores & Rucks Inc /De/), Guaranty Agreement (Ocean Energy Inc)

Status of Liens. The fact that any collateral, security, security interest, interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors Guarantor that Guarantors are Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectability or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties Schlumberger in any collateral or security for the Guaranteed Debt Debt, after payment in full of the Guaranteed Debt; Guarantors’ rights Guarantor’s right of subrogation areis, however, subordinate to the rights, claims, liens, liens and security interests of the Credit Parties;Schlumberger; or

Appears in 2 contracts

Sources: Guaranty Agreement (Terra Energy & Resource Technologies, Inc.), Guaranty Agreement (Terra Energy & Resource Technologies, Inc.)

Status of Liens. The fact that any collateral, security, security interest, interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors Guarantor that Guarantors are Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties Lender in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantors’ Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens, liens and security interests of the Credit PartiesLender;

Appears in 1 contract

Sources: Unconditional Guaranty Agreement (Dsi Toys Inc)

Status of Liens. The fact that any collateral, security, security interest, interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors that Guarantors are not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral (if any) for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties Lender in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantors' rights of subrogation are, however, subordinate to the rights, claims, liens, liens and security interests of the Credit PartiesLender;

Appears in 1 contract

Sources: Revolving Credit Agreement (Cross Timbers Oil Co)

Status of Liens. The fact that any collateral, security, security interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors each Guarantor that Guarantors are such Guarantor is not entering into this Guaranty Agreement agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Loan Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantors’ Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens, liens and security interests of the Credit Loan Parties;

Appears in 1 contract

Sources: Loan Agreement (Camden Property Trust)

Status of Liens. The fact that any collateral, security, security interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors Guarantor that Guarantors are Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Loan Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantors’ Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens, liens and security interests of the Credit Loan Parties;

Appears in 1 contract

Sources: Credit Agreement (Prentiss Properties Trust/Md)

Status of Liens. The fact that any collateral, security, --------------- security interest, interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt Liabilities shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors Guarantor that Guarantors are Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed Debt; notwithstanding Liabilities. Notwithstanding the foregoing, Guarantors do Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties Bank in any collateral or security for the Guaranteed Debt Liabilities, after payment in full of the Guaranteed DebtLiabilities; Guarantors’ Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens, liens and security interests of the Credit PartiesBank;

Appears in 1 contract

Sources: Guaranty Agreement (Wyly Samuel Evans)

Status of Liens. The fact that any collateral, security, security interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors Guarantor that Guarantors are Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantors’ Guarantor’s rights of subrogation are, however, subordinate to the rights, claims, liens, and security interests of the Credit Parties;

Appears in 1 contract

Sources: Exchange Agreement (Protection One Alarm Monitoring Inc)

Status of Liens. The fact that any collateral, security, security interest, interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt Obligation shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors Guarantor that Guarantors are Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed DebtObligation; notwithstanding the foregoing, Guarantors do Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties Lender in any collateral or security for the Guaranteed Debt Obligation after payment in full of the Guaranteed DebtObligation; Guarantors’ Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens, liens and security interests of Lender until such time as the Credit PartiesGuaranteed Obligation is paid in full;

Appears in 1 contract

Sources: Guaranty Agreement (America West Holdings Corp)

Status of Liens. The fact that any collateral, security, security interest, interest or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantors Guarantor that Guarantors are Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantors do Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of the Credit Parties Lender in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantors’ Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens, liens and security interests of the Credit Parties;Lender; Section

Appears in 1 contract

Sources: Unconditional Guaranty Agreement