Common use of Subordination of Subrogation Clause in Contracts

Subordination of Subrogation. Guarantor hereby expressly agrees that it shall not exercise, against Borrower, any other guarantor, maker, endorser or person (a) any right which Guarantor may now have or hereafter acquire by way of subrogation under this Guaranty, by law or otherwise or by way of reimbursement, indemnity, exoneration, or contribution; or (b) any right to assert defenses as the primary obligor of the Obligations; or (c) any other claim which it now has or may hereafter acquire against Borrower or any other person or against or with respect to Borrower’s property (including, without limitation, any property which has been pledged to secure the Obligations); or (d) any right to enforce any remedy which Guarantor may now have or hereafter acquire against Borrower or any other guarantor, maker or endorser; in any case, whether any of the foregoing claims, remedies and rights may arise in equity, under contract, by payment, statute, common law or otherwise until all Obligations and Expenses have been indefeasibly paid in full. If in violation of the foregoing any amount shall be paid to Guarantor on account of any such rights at any time, such amount shall be held in trust for the benefit of WFFPC and shall forthwith be paid to WFFPC to be credited and applied against the Obligations and Expenses, whether matured or unmatured, in accordance with the terms of the Note and the Finance Agreement.

Subordination of Subrogation. The Guarantor hereby expressly agrees that it shall not exercisesubordinates the payment of all obligations and indebtedness of any Loan Party owing to the Guarantor, against Borrower, any other guarantor, maker, endorser or person (a) any right which Guarantor may whether now have existing or hereafter acquire by way arising, including but not limited to any obligation of subrogation any Loan Party to the Guarantor as subrogee of the Holders of Obligations or resulting from the Guarantor’s performance under this Guaranty, by law or otherwise or by way to the indefeasible payment in full in cash of reimbursementall Guaranteed Obligations and agrees not to exercise any rights of subrogation against any Loan Party until the Termination Date; provided, indemnityhowever, exoneration, or contribution; or (b) any right to assert defenses as that the primary obligor of Guarantor may receive payments in the Obligations; or (c) any other claim which it now has or may hereafter acquire against Borrower or any other person or against or ordinary course with respect to Borrower’s property (includingIndebtedness owing from any Loan Party to the Guarantor to the extent not otherwise prohibited by the terms of the Credit Agreement, without limitationunless a Default has occurred and is continuing and Lender has notified such Guarantor to cease receiving such payments. If Lender, on behalf of itself or the Holders of Obligations, so requests, any property which has been pledged such obligation or indebtedness of any Loan Party to secure the Obligations); or (d) any right to enforce any remedy which Guarantor may now have or hereafter acquire against Borrower or any other guarantor, maker or endorser; in any case, whether any shall be enforced and performance received by the Guarantor as trustee for the Holders of the foregoing claims, remedies and rights may arise in equity, under contract, by payment, statute, common law or otherwise until all Obligations and Expenses have been indefeasibly paid in full. If in violation of the foregoing any amount proceeds thereof shall be paid over to Guarantor Lender on account of any such rights at any timethe Guaranteed Obligations, such amount shall be held in trust for the benefit of WFFPC and shall forthwith be paid to WFFPC to be credited and applied against to the Obligations and ExpensesGuaranteed Obligations, whether matured or unmatured, but without reducing or affecting in accordance with any manner the terms liability of the Note and the Finance AgreementGuarantor under this Guaranty.

Subordination of Subrogation. Guarantor hereby expressly agrees that it shall not exercise, against Borrowerirrevocably subordinates to the full and indefeasible payment of all of the Liabilities, any other guarantorpresent or future claim, maker, endorser right or person (a) any right remedy to which Guarantor is now or may now have hereafter become entitled which arises on account of this Guaranty and/or from the performance by Guarantor of its obligations hereunder to be subrogated to Bank's rights against the Company or hereafter acquire by way of subrogation under this Guarantyany other obligated party and/or any present or future claim, by law remedy or otherwise or by way of right to seek contribution, reimbursement, indemnityindemnification, exoneration, payment or contribution; the like, or (b) participation in any claim, right to assert defenses as or remedy of Bank against the primary obligor of the Obligations; Company or (c) any other claim security which it Bank now has or may hereafter acquire against Borrower or any other person or against or with respect to Borrower’s property (including, without limitation, any property which has been pledged to secure the Obligations); or (d) any right to enforce any remedy which Guarantor may now have or hereafter acquire against Borrower or any other guarantor, maker or endorser; in any caseacquires, whether any of the foregoing claimsor not such claim, remedies and rights may arise right or remedy arises under contract, in equity, under contract, by payment, statute, under common law or otherwise until all Obligations and Expenses have been indefeasibly paid in fullotherwise. If in violation of the foregoing If, notwithstanding such subordination, any amount funds or property shall be paid or transferred to Guarantor on account of any such rights subrogation, contribution, reimbursement, exoneration or indemnification at any timetime when all of the Liabilities have not been paid in full, Guarantor shall hold such amount shall be held funds or property in trust for the benefit Bank and shall segregate such funds from other funds of WFFPC Guarantor and shall forthwith be paid pay over to WFFPC Bank such funds and/or property to be credited and applied against by Bank to the Obligations and ExpensesLiabilities, whether matured or unmatured, in accordance with the terms of the Note Reimbursement Agreement and the Finance AgreementLoan Documents.

Subordination of Subrogation. Guarantor CompuCredit hereby expressly agrees that it shall not exercise, exercise against Borrower, Borrower or any other guarantor, maker, endorser or person Person (a) any right which Guarantor CompuCredit may now have or hereafter acquire by way of subrogation under this GuarantyAgreement, by law or otherwise or by way of reimbursement, indemnity, exoneration, or contribution; or (b) any right to assert defenses as the primary obligor of the Obligations; or (c) any other claim which it now has or may hereafter acquire against Borrower or any other person or against or with respect to Borrower’s property (including, without limitation, any property which has been pledged to secure the Obligations); or (d) any right to enforce any remedy which Guarantor CompuCredit may now have or hereafter acquire against Borrower or any other guarantor, maker or endorserPerson; in any case, whether any of the foregoing claims, remedies and rights may arise in equity, under contract, by payment, statute, common law or otherwise until all Obligations and Expenses have been indefeasibly paid in full. If in violation of the foregoing any amount shall be paid to Guarantor CompuCredit on account of any such rights at any time, such amount shall be held in trust for the benefit of WFFPC Agent, for the benefit of Lenders, and shall forthwith be paid to WFFPC Agent to be credited and applied against the Obligations and ExpensesObligations, whether matured or unmatured, in accordance with the terms of the Note Notes and the Finance Loan Agreement.

Subordination of Subrogation. Guarantor hereby expressly agrees that it shall not exercise, against Borrowerirrevocably subordinates to the full and indefeasible payment of all of the Liabilities, any other guarantorpresent or future claim, maker, endorser right or person (a) any right remedy to which Guarantor is now or may now have hereafter become entitled which arises on account of this Guaranty and/or from the performance by Guarantor of its obligations hereunder to be subrogated to Bank's rights against the Company or hereafter acquire by way of subrogation under this Guarantyany other obligated party and/or any present or future claim, by law remedy or otherwise or by way of right to seek contribution reimbursement, indemnityindemnification, exoneration, payment or contribution; the like, or (b) participation in any claim, right to assert defenses as or remedy of Bank against the primary obligor of the Obligations; Company or (c) any other claim security which it Bank now has or may hereafter acquire against Borrower or any other person or against or with respect to Borrower’s property (including, without limitation, any property which has been pledged to secure the Obligations); or (d) any right to enforce any remedy which Guarantor may now have or hereafter acquire against Borrower or any other guarantor, maker or endorser; in any caseacquires, whether any of the foregoing claimsor not such claim, remedies and rights may arise right or remedy arises under contract, in equity, under contract, by payment, statute, under common law or otherwise until all Obligations and Expenses have been indefeasibly paid in fullotherwise. If in violation of the foregoing If, notwithstanding such subordination, any amount funds or property shall be paid or transferred to Guarantor on account of any such rights subrogation, contribution, reimbursement, exoneration or indemnification at any timetime when all of the Liabilities have not been paid in full, Guarantor shall hold such amount shall be held funds or property in trust for the benefit Bank and shall segregate such funds from other funds of WFFPC Guarantor and shall forthwith be paid pay over to WFFPC Bank such funds and/or property to be credited and applied against by Bank to the Obligations and ExpensesLiabilities, whether matured or unmatured, in accordance with the terms of the Note Reimbursement Agreement and the Finance AgreementLoan Documents.

Subordination of Subrogation. Guarantor hereby expressly agrees that it shall not exercise, exercise against BorrowerBorrowers, any other guarantor, maker, endorser or person (a) any right which Guarantor may now have or hereafter acquire by way of subrogation under this Guaranty, by law or otherwise or by way of reimbursement, indemnity, exoneration, or contribution; or (b) any right to assert defenses as the primary obligor of the Obligations; or (c) any other claim which it now has or may hereafter acquire against Borrower Borrowers or any other person or against or with respect to Borrower’s Borrowers’ property (including, without limitation, any property which has been pledged to secure the Obligations); or (d) any right to enforce any remedy which Guarantor may now have or hereafter acquire against Borrower Borrowers or any other guarantor, maker or endorser; in any case, whether any of the foregoing claims, remedies and rights may arise in equity, under contract, by payment, statute, common law or otherwise until all Obligations and Expenses have been indefeasibly paid in full. If in violation of the foregoing any amount shall be paid to Guarantor on account of any such rights at any time, such amount shall be held in trust for the benefit of WFFPC WFPC, and shall forthwith be paid to WFFPC WFPC to be credited and applied against the Obligations and Expenses, whether matured or unmatured, in accordance with the terms of the Note Notes and the Finance Loan Agreement.