Subrogation of Securities Sample Clauses
The Subrogation of Securities clause establishes the right of a party, typically an insurer or lender, to assume the legal rights and remedies of another party after fulfilling their obligations, such as paying a debt or claim. In practice, this means that if a guarantor pays off a borrower's debt, the guarantor can step into the shoes of the original creditor and pursue recovery from the debtor or enforce any collateral securing the debt. This clause ensures that the party who satisfies an obligation is not unfairly disadvantaged and can recover their losses, thereby preventing unjust enrichment of the original debtor and maintaining fairness in financial transactions.
Subrogation of Securities. Subject to the payment in full of all Senior Indebtedness of the Company, the rights of the holders of the Securities shall be subrogated to the rights of the holders of Senior Indebtedness of the Company to receive payments or distributions of cash, property or securities of the Company applicable to the Senior Indebtedness of the Company until the principal of (and premium, if any) and interest on the Securities shall be paid in full; and, for the purposes of such subrogation, no payments or distributions to the holders of the Senior Indebtedness of the Company of any cash, property or securities to which the holders of the Securities or the Trustee would be entitled except for the provisions of this Article XII no payment over pursuant to the provisions of this Article XII, to or for the benefit of the holders of Senior Indebtedness of the Company by holders of the Securities or the Trustee, shall, as between the Company, its creditors other than holders of Senior Indebtedness of the Company, and the holders of the Securities, be deemed to be a payment by the Company to or on account of the Senior Indebtedness of the Company. It is understood that the provisions of this Article XII are and are intended solely for the purpose of defining the relative rights of the holders of the Securities, on the one hand, and the holders of the Senior Indebtedness of the Company, on the other hand. Nothing contained in this Article XII or elsewhere in this Indenture or in the Securities is intended to or shall impair, as between the Company, its creditors other than the holders of its Senior Indebtedness, and the holders of the Securities, the obligation of the Company, which is absolute and unconditional, to pay to the holders of the Securities the principal of (and premium, if any) and interest on the Securities as and when the same shall become due and payable in accordance with their terms, or is intended to or shall affect the relative rights of the holders of the Securities and creditors of the Company other than the holders of its Senior Indebtedness, nor shall anything herein or therein prevent the Trustee or the holder of any Security from exercising all remedies otherwise permitted by applicable law upon default under this Indenture, subject to the rights, if any, under this Article XII of the holders of Senior Indebtedness of the Company in respect of cash, property or securities of the Company received upon the exercise of any such remedy. Upon any payment ...
Subrogation of Securities. 49 SECTION 5.4. AUTHORIZATION TO EFFECT SUBORDINATION............................. 50 SECTION 5.5.
Subrogation of Securities. 52 Section 10.04. Authorization by Holders.......................................................... 53 Section 10.05.
Subrogation of Securities. 46 Section 12.4 Authorization to Effect Subordination............................................ 47
Subrogation of Securities. 67 SECTION 11.4
Subrogation of Securities. 33 SECTION 10.04 Authorization by Holders of Securities................... 34 SECTION 10.05 Notices to Trustee....................................... 34 SECTION 10.06 Trustee's Relation to Senior Indebtedness................ 35 SECTION 10.07 No Impairment of Subordination........................... 36 SECTION 10.08 Article 10 Not To Prevent Events of Default.............. 36 SECTION 10.09 Paying Agents other than the Trustee..................... 36 SECTION 10.10 Securities Senior to Subordinated Indebtedness........... 36
Subrogation of Securities. 50 SECTION 10.04.
Subrogation of Securities. 48 Section 12.4. Authorization to Effect Subordination............................................... 49 Section 12.5. Notice to Trustee................................................................... 49 Section 12.6. Trustee's Relation to Senior Indebtedness........................................... 50 Section 12.7. No Impairment of Subordination...................................................... 50 Section 12.8. Article Applicable to Paying Agents................................................. 51 Section 12.9. Senior Indebtedness Entitled to Rely................................................ 51 KRAMONT REALTY TRUST RECONCILIATION AND TIE BETWEEN TRUST INDENTURE ACT OF 1939 AND INDENTURE, DATED AS OF _____________, 200_
Subrogation of Securities. 71 SECTION 12.04. Authorization by Securityholders..............................72 SECTION 12.05.
Subrogation of Securities. 78 Section 15.4 Authorization to Effect Subordination.................................................... 79 Section 15.5 Notice to Trustee........................................................................ 79 Section 15.6 Trustee's Relation to Senior Debt........................................................ 80 Section 15.7 No Impairment of Subordination........................................................... 80 Section 15.8 Certain Conversions/Exchanges Deemed Payment............................................. 80 Section 15.9 Article Applicable to Paying Agents...................................................... 81 Section 15.10 Senior Debt Entitled to Rely............................................................. 81 Section 15.11 Reliance on Judicial Order or Certificate of Liquidating Agent........................... 81 Section 15.12 Trust Monies Not Subordinated............................................................ 82 Certain Sections of this Indenture relating to Sections 3.10 through 3.18, inclusive, of the Trust Indenture Act of 1939: