Common use of Subordination of Subrogation, Etc Clause in Contracts

Subordination of Subrogation, Etc. Notwithstanding anything to the ---------------------------- contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.7, each Borrower hereby expressly and irrevocably subordinates to payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Borrower acknowledges and agrees that this waiver is intended to benefit Lender and shall not limit or otherwise affect such Borrower's liability hereunder or the enforceability of this Section 11, and that Lender and its successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 11.4.

Appears in 1 contract

Sources: Loan and Security Agreement (Cd Warehouse Inc)

Subordination of Subrogation, Etc. Notwithstanding anything to the ---------------------------- ---------------------------------- contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.7, each Borrower hereby expressly and irrevocably subordinates to the payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Borrower acknowledges and agrees that this waiver is intended to benefit Lender and shall not limit or otherwise affect such Borrower's liability hereunder or the enforceability of this Section 11, and that Lender and its successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 11.4.

Appears in 1 contract

Sources: Loan and Security Agreement (Advanced Nutraceuticals Inc/Tx)

Subordination of Subrogation, Etc. Notwithstanding anything to the ---------------------------- contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.7SECTION 14.10, each Borrower hereby expressly and irrevocably subordinates to payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Borrower acknowledges and agrees that this waiver subordination is intended to benefit Lender and shall not limit or otherwise affect such Borrower's liability hereunder or the enforceability of this Section 11SECTION 14, and that Lender and its successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 11.4SECTION 14.7.

Appears in 1 contract

Sources: Credit and Security Agreement (Unapix Entertainment Inc)

Subordination of Subrogation, Etc. Notwithstanding anything to the ---------------------------- --------------------------------- contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.7, each Borrower hereby expressly and irrevocably subordinates to the payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Borrower acknowledges and agrees that this waiver is intended to benefit Lender and shall not limit or otherwise affect such Borrower's liability hereunder or the enforceability of this Section 11, and that Lender and its successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 11.4.

Appears in 1 contract

Sources: Loan and Security Agreement (Nutrition for Life International Inc)

Subordination of Subrogation, Etc. Notwithstanding anything to --------------------------------- the ---------------------------- contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.714.7, each Borrower hereby expressly and irrevocably subordinates to payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Borrower acknowledges and agrees that this waiver is intended to benefit Lender Bank and shall not limit or otherwise affect such Borrower's liability hereunder or the enforceability of this Section 1114, and that Lender Bank and its successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 11.414.4.

Appears in 1 contract

Sources: Loan and Security Agreement (SQL Financials International Inc /De)

Subordination of Subrogation, Etc. Notwithstanding anything to the ---------------------------- --------------------------------- contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.712.7, each Borrower hereby expressly and irrevocably ------------ subordinates to payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Borrower acknowledges and agrees that this waiver subordination is intended to benefit Lender and shall not limit or otherwise affect such Borrower's liability hereunder or the enforceability of this Section 1112, and that Lender and its successors and assigns are intended third ---------- party beneficiaries of the waivers and agreements set forth in this Section 11.4.------- 12.4. -----

Appears in 1 contract

Sources: Credit Agreement (Intercept Group Inc)