Common use of Subordination of Subrogation Clause in Contracts

Subordination of Subrogation. The Guarantor hereby subordinates the payment of all obligations and indebtedness of any Loan Party owing to the Guarantor, whether now existing or hereafter arising, including but not limited to any obligation of any Loan Party to the Guarantor as subrogee of the Holders of Obligations or resulting from the Guarantor’s performance under this Guaranty, to the indefeasible payment in full in cash of all Guaranteed Obligations and agrees not to exercise any rights of subrogation against any Loan Party until the Termination Date; provided, however, that the Guarantor may receive payments in the ordinary course with respect to Indebtedness owing from any Loan Party to the Guarantor to the extent not otherwise prohibited by the terms of the Credit Agreement, unless 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 such obligation or indebtedness of any Loan Party to the Guarantor shall be enforced and performance received by the Guarantor as trustee for the Holders of Obligations and the proceeds thereof shall be paid over to Lender on account of the Guaranteed Obligations, and shall be credited and applied to the Guaranteed Obligations, whether matured or unmatured, but without reducing or affecting in any manner the liability of the Guarantor under this Guaranty.

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

Subordination of Subrogation. The Guarantor hereby irrevocably subordinates to the full and indefeasible payment of all of the Liabilities, any present or future claim, right or remedy to which Guarantor is now or may hereafter become entitled which arises on account of this Guaranty and/or from the performance by Guarantor of its obligations and indebtedness hereunder to be subrogated to Bank's rights against the Company or any other obligated party and/or any present or future claim, remedy or right to seek contribution, reimbursement, indemnification, exoneration, payment or the like, or participation in any claim, right or remedy of Bank against the Company or any Loan Party owing to the Guarantorsecurity which Bank now has or hereafter acquires, whether now existing or hereafter arisingnot such claim, including but not limited to any obligation of any Loan Party to the Guarantor as subrogee of the Holders of Obligations right or resulting from the Guarantor’s performance remedy arises under this Guarantycontract, to the indefeasible payment in full in cash of all Guaranteed Obligations and agrees not to exercise any rights of subrogation against any Loan Party until the Termination Date; providedequity, howeverby statute, that the Guarantor may receive payments in the ordinary course with respect to Indebtedness owing from any Loan Party to the Guarantor to the extent not otherwise prohibited by the terms of the Credit Agreementunder common law or otherwise. If, unless a Default has occurred and is continuing and Lender has notified notwithstanding such Guarantor to cease receiving such payments. If Lender, on behalf of itself or the Holders of Obligations, so requestssubordination, any such obligation funds or indebtedness of any Loan Party to the Guarantor shall be enforced and performance received by the Guarantor as trustee for the Holders of Obligations and the proceeds thereof property shall be paid over or transferred to Lender Guarantor on account of such subrogation, contribution, reimbursement, exoneration or indemnification at any time when all of the Guaranteed ObligationsLiabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Bank and shall segregate such funds from other funds of Guarantor and shall forthwith pay over to Bank such funds and/or property to be credited and applied by Bank to the Guaranteed ObligationsLiabilities, whether matured or unmatured, but without reducing or affecting in any manner accordance with the liability terms of the Guarantor under this GuarantyReimbursement Agreement and the Loan Documents.

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

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

Subordination of Subrogation. The Guarantor hereby irrevocably subordinates to the full and indefeasible payment of all of the Liabilities, any present or future claim, right or remedy to which Guarantor is now or may hereafter become entitled which arises on account of this Guaranty and/or from the performance by Guarantor of its obligations and indebtedness hereunder to be subrogated to Bank's rights against the Company or any other obligated party and/or any present or future claim, remedy or right to seek contribution reimbursement, indemnification, exoneration, payment or the like, or participation in any claim, right or remedy of Bank against the Company or any Loan Party owing to the Guarantorsecurity which Bank now has or hereafter acquires, whether now existing or hereafter arisingnot such claim, including but not limited to any obligation of any Loan Party to the Guarantor as subrogee of the Holders of Obligations right or resulting from the Guarantor’s performance remedy arises under this Guarantycontract, to the indefeasible payment in full in cash of all Guaranteed Obligations and agrees not to exercise any rights of subrogation against any Loan Party until the Termination Date; providedequity, howeverby statute, that the Guarantor may receive payments in the ordinary course with respect to Indebtedness owing from any Loan Party to the Guarantor to the extent not otherwise prohibited by the terms of the Credit Agreementunder common law or otherwise. If, unless a Default has occurred and is continuing and Lender has notified notwithstanding such Guarantor to cease receiving such payments. If Lender, on behalf of itself or the Holders of Obligations, so requestssubordination, any such obligation funds or indebtedness of any Loan Party to the Guarantor shall be enforced and performance received by the Guarantor as trustee for the Holders of Obligations and the proceeds thereof property shall be paid over or transferred to Lender Guarantor on account of such subrogation, contribution, reimbursement, exoneration or indemnification at any time when all of the Guaranteed ObligationsLiabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Bank and shall segregate such funds from other funds of Guarantor and shall forthwith pay over to Bank such funds and/or property to be credited and applied by Bank to the Guaranteed ObligationsLiabilities, whether matured or unmatured, but without reducing or affecting in any manner accordance with the liability terms of the Guarantor under this GuarantyReimbursement Agreement and the Loan Documents.