Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 67 contracts
Sources: Senior Notes Indenture (Caci International Inc /De/), Indenture (New Gold Inc. /FI), Indenture (MultiPlan Corp)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuer under this Indenture or the Notes shall have been paid in full.
Appears in 62 contracts
Sources: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (JELD-WEN Holding, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuer under this Indenture or the Notes shall have been paid in full.
Appears in 31 contracts
Sources: Indenture (Hilton Worldwide Holdings Inc.), Indenture (Finance of America Companies Inc.), Indenture (Hilton Worldwide Holdings Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuers under this Indenture or the Notes shall have been paid in full.
Appears in 22 contracts
Sources: Indenture (PBF Holding Co LLC), Indenture (Organon & Co.), Indenture (PBF Holding Co LLC)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuers under this Indenture or the Notes shall have been paid in full.
Appears in 21 contracts
Sources: Indenture (Hilton Grand Vacations Inc.), Indenture (Clarios International Inc.), Indenture (CONDUENT Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any such Guarantor pursuant to the provisions of Section 10.01this Article 10; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 16 contracts
Sources: Indenture (Rithm Capital Corp.), Indenture (Starwood Property Trust, Inc.), Indenture (Starwood Property Trust, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0112.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuer under this Indenture with respect to the Notes or the Notes shall have been paid in full.
Appears in 15 contracts
Sources: Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, Inc.), Indenture (PennyMac Financial Services, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by obligations of the Company Issuer under this Indenture or and the Notes shall have been paid in full.
Appears in 15 contracts
Sources: Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.), Indenture (FTAI Aviation Ltd.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuer under this Indenture or the Notes shall have been paid in full.
Appears in 15 contracts
Sources: Indenture (Lionsgate Studios Corp.), Senior Notes Indenture (Darling Ingredients Inc.), Indenture (Lions Gate Entertainment Corp /Cn/)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 14 contracts
Sources: Indenture (Atlanticus Holdings Corp), Indenture (Bread Financial Holdings, Inc.), Indenture (Alliance Data Systems Corp)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0113.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 10 contracts
Sources: Indenture (Uniti Group Inc.), Indenture (Cogent Communications Holdings, Inc.), Indenture (Carnival PLC)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 10 contracts
Sources: Indenture (Viavi Solutions Inc.), Indenture (Belden Inc.), Indenture (Belden Inc.)
Subrogation. Each Subsidiary Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Subsidiary Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, that no Subsidiary Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 8 contracts
Sources: Indenture (Smithfield Foods Inc), Indenture (Smithfield Foods Inc), Indenture (Smithfield Foods Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0114.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 7 contracts
Sources: Subordinated Indenture (Medtronic Inc), Senior Indenture (Medtronic PLC), Subordinated Indenture (Medtronic Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 7 contracts
Sources: Indenture (United States Steel Corp), Indenture (Cogent Communications Holdings, Inc.), Indenture
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0111.01; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 7 contracts
Sources: Indenture (Service Corporation International), Indenture (Service Corporation International), Indenture (Mylan Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0113.01; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 6 contracts
Sources: Indenture (Mesa Air Group Inc), Indenture (CBRL Group Inc), Indenture (CBRL Group Inc)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.013.1 hereof; provided that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 6 contracts
Sources: Third Supplemental Indenture (Sirius Xm Holdings Inc.), Third Supplemental Indenture (Pandora Media, LLC), Third Supplemental Indenture (Sirius Xm Holdings Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of the Securities against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0115.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes such series of Securities shall have been paid in full.
Appears in 5 contracts
Sources: Indenture (STERIS PLC), Indenture (STERIS LTD), Indenture (STERIS LTD)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0113.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 5 contracts
Sources: Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Holdings, Inc.), Indenture (Cogent Communications Group Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0111.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 5 contracts
Sources: Indenture (Pagaya Technologies Ltd.), Trust Indenture (Cobalt Refinery Holding Co Ltd.), Supplemental Indenture (Medtronic PLC)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders the Holder of any Note against the Company in respect of any amounts paid to such Holder by any the Guarantor pursuant to the provisions of Section 10.01these Guarantees; provided thatprovided, if an Event of Default has occurred and is continuinghowever, no that the Guarantor shall not, without the consent of the Holders of all the Notes of the applicable series then Outstanding, be entitled to enforce enforce, or to receive any payments arising out of, of or based upon, such right of subrogation until the principal of, any premium and interest on, and any Additional Amounts required with respect to, all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 5 contracts
Sources: Indenture (Pearson PLC), Indenture (Pearson PLC), Indenture (Pearson PLC)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.01Section 13.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 5 contracts
Sources: Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.), Indenture (Norwegian Cruise Line Holdings Ltd.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011201; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 4 contracts
Sources: Indenture (Sealy Corp), Indenture (Accuride Corp), Indenture (Forida East Coast Railway L.L.C.)
Subrogation. Each Subject to the fifth paragraph of Section 10.01 and Section 10.02, each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 4 contracts
Sources: Indenture (Stericycle Inc), Indenture (Carters Inc), Indenture (Stericycle Inc)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders of the Securities of a series (and of any coupons appertaining thereto) against the Company in respect of any amounts paid by the Guarantor on account of such Securities or any Guarantor pursuant to the provisions of Section 10.01coupons appertaining thereto or this Indenture; provided provided, however, that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 4 contracts
Sources: Indenture (American Axle & Manufacturing Holdings Inc), Indenture (American Axle & Manufacturing Holdings Inc), Indenture (American Axle & Manufacturing Inc)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.0117.01; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 3 contracts
Sources: Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.), Indenture (Envestnet, Inc.)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.013.01; provided that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 3 contracts
Sources: First Supplemental Indenture (Rovi Corp), First Supplemental Indenture (Titan Technologies Corp), First Supplemental Indenture (Horizon Pharma, Inc.)
Subrogation. Each A Guarantor shall be subrogated to all rights of Holders of the Guaranteed Securities against the Company in respect of any amounts paid by any such Guarantor pursuant to the provisions of Section 10.0117.02; provided that, that if an Event of Default has occurred and is continuing, no such Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Guaranteed Securities or under the Indenture or with respect to the Notes Guaranteed Securities shall have been paid in full.
Appears in 3 contracts
Subrogation. Each Guarantor shall be subrogated to all rights of Holders holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions until payment in full of Section 10.01all obligations guaranteed hereby; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 3 contracts
Sources: Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.), Senior Notes Indenture (IHS Markit Ltd.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of the Securities of a series against the Company applicable Issuer in respect of any amounts paid by any such Guarantor pursuant to the provisions on account of Section 10.01such Securities or this Indenture; provided provided, however, that, if an Event of Default has occurred and is continuing, no each applicable Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company applicable Issuer under this Indenture or the Notes Securities shall have been paid in full.
Appears in 3 contracts
Sources: Indenture Agreement (American Medical Systems Europe B.V.), Indenture (Boston Scientific Corp), Indenture Agreement (American Medical Systems Europe B.V.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.019.01; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 3 contracts
Sources: Indenture (British American Tobacco p.l.c.), Indenture (Reynolds American Inc), Indenture (British American Tobacco p.l.c.)
Subrogation. Each Guarantor Guarantor, if any, shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0113.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 2 contracts
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011601; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 2 contracts
Sources: Supplemental Indenture (Warner Chilcott LTD), Supplemental Indenture (Warner Chilcott LTD)
Subrogation. Each Subject to Sections 10.1(f) and 10.2 hereof, each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110. 1 hereof; provided provided, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 2 contracts
Sources: Indenture (F&G Annuities & Life, Inc.), Indenture (Fidelity National Financial, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, that no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 2 contracts
Sources: Indenture (Vantage Drilling International), Indenture (Pacific Drilling S.A.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011201; provided provided, however, that, if an a Default or Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 2 contracts
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuer under this Indenture or the Notes shall have been paid in full.
Appears in 2 contracts
Sources: Senior Notes Indenture (Neogen Corp), Senior Notes Indenture (Garden SpinCo Corp)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01Article 13; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 2 contracts
Sources: Indenture (On Semiconductor Corp), Indenture (On Semiconductor Corp)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.0110.1; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 2 contracts
Sources: Indenture (Amphenol Corp /De/), Indenture (Amphenol Corp /De/)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0113.01; provided provided, however, that, if an a Default or Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 2 contracts
Sources: Indenture (Power Solutions International, Inc.), Indenture (Spartan Stores Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions until payment in full of Section 10.01all obligations guaranteed hereby; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 2 contracts
Sources: Senior Notes Indenture (Hanesbrands Inc.), Senior Notes Indenture (Hanesbrands Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011301; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 2 contracts
Sources: Indenture (Nine West Group Inc /De), Indenture (Nine West Group Inc /De)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.012.01 of this First Supplemental Indenture; provided provided, however, that, if an a Default or Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Indenture or the Notes 2028 Debentures shall have been paid in full.
Appears in 2 contracts
Sources: Supplemental Indenture (Neiman Marcus, Inc.), First Supplemental Indenture (Neiman Marcus, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0112.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 2 contracts
Sources: First Supplemental Indenture (Thompson Creek Metals CO Inc.), First Supplemental Indenture (Berg Metals Limited Partnership)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.012 hereof, Section 2 of the applicable Existing Supplemental Indenture or Section 10.01 of the Indenture; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Indenture or the Notes shall have been paid in full.
Appears in 2 contracts
Sources: Supplemental Indenture (SS&C Technologies Holdings Inc), Supplemental Indenture (SS&C Technologies Holdings Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Brightstar Corp.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0113.01; provided PROVIDED, HOWEVER, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Dri I Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this First Lien Indenture or the First Lien Notes shall have been paid in full.
Appears in 1 contract
Sources: First Lien Senior Secured Pik Notes Indenture (WeWork Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any such Guarantor pursuant to the provisions of Section 10.011201; provided provided, however, that, if an Event of Default has occurred each Guarantor waives and is continuing, no Guarantor shall be entitled to enforce will not in any manner whatsoever claim or receive any payments arising out take the benefit or advantage of, any rights of reimbursement, indemnity or based upon, subrogation or any other rights against the Company or any other Subsidiary as a result of any payment by such right of subrogation Subsidiary under its Guarantee until all amounts then due and payable by the Company under this Indenture or with respect to the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (NMI Holdings, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.019.01 of this Second Supplemental Indenture; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0111.1 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture Indenture, the Notes or the Notes other Note Documents shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Federal Mogul Corp)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0113.01; provided provided, however, that, if an Event of Default or Collateral Access Event has occurred and is continuing, no the rights of any Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation shall be subordinated to the rights of the Trustee and any Holder until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Kitty Hawk Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0112.1; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.0112.01; provided provided, however, that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Amr Corp)
Subrogation. Each Guarantor The Guarantors shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor the Guarantors pursuant to the provisions of Section 10.011401; provided provided, however, that, if an Event of Default Default, or any event which with the giving of notice or passage of time or both would constitute an Event of Default, has occurred and is continuing, no Guarantor the Guarantors shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Valujet Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0111.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Ahny-Iv LLC)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Third Lien Exchangeable Notes Indenture or the Third Lien Exchangeable Notes shall have been paid in full.
Appears in 1 contract
Sources: Third Lien Exchangeable Senior Secured Pik Notes Indenture (WeWork Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders and the Trustee against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011301; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Senior Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Senior Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.019.1 of this Supplemental Indenture; provided provided, however, that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under the Indenture or this Supplemental Indenture or the Notes Applicable Securities shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company Companies in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0113.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Companies under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.1; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuers under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0111.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor and Holdings shall be subrogated to all rights of Holders against the Company Issuers in respect of any amounts paid by any Guarantor or Holdings, as applicable, pursuant to the provisions of Section 10.0113.01; provided that, if an Event of Default has occurred and is continuing, no neither any Guarantor nor Holdings shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuers under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Tops Holding Ii Corp)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.0113.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (I3 Verticals, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.012 hereof or Section 10.01 of the Indenture; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each The Guarantor shall be subrogated to all rights of the Holders of the Notes of a particular series against the Company in respect of any amounts amount paid by any the Guarantor on account of such Notes pursuant to the provisions of Section 10.01this guarantee or this Indenture; provided thatprovided, if an Event of Default has occurred and is continuinghowever, no that the Guarantor shall not be entitled to enforce or to receive any payments arising out of, or based upon, such right of subrogation until the principal of, any premium and interest on all amounts then due and payable by the Company under this Indenture or the Notes of such series issued hereunder shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Kinder Morgan, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Walker & Dunlop, Inc.)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.0112.01; provided that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce enforce, or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Second Lien Exchangeable Notes Indenture or the Second Lien Exchangeable Notes shall have been paid in full.
Appears in 1 contract
Sources: Second Lien Exchangeable Senior Secured Pik Notes Indenture (WeWork Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of the Holders against the Company in respect of any amounts paid to such Holders by any Guarantor the Guarantors pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in fullits Guarantee.
Appears in 1 contract
Sources: Indenture (Liberty Global PLC)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders the Company against the Company Purchaser in respect of any amounts paid to the Company by any the Guarantor pursuant to the provisions of this Section 10.013.10; provided thatprovided, if an Event of Default has occurred and is continuinghowever, no that the Guarantor shall not be entitled to enforce enforce, or to receive any payments arising out of, of or based upon, such right of subrogation until all amounts then the obligations guaranteed pursuant to Section 3.10(a), when and as the same shall become due and payable by according to the Company under terms of this Indenture Agreement or the Notes any Ancillary Documents shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.2 hereof,
Appears in 1 contract
Sources: Fourth Supplemental Indenture (SS&C Technologies Holdings Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0116.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture Agreement or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0118.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011201; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Affinia Group Intermediate Holdings Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0113.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Carnival PLC)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.012 hereof, Section 2 of the First Supplemental Indenture or Section 10.01 of the Indenture; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Second Supplemental Indenture (Ss&c Technologies Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011401; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Kraft Heinz Co)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0112.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of the Notes against the Company in respect of any amounts paid by any such Guarantor pursuant to on account of such Notes or the provisions of Section 10.01Indenture; provided provided, however, that, if an Event of Default has occurred and is continuing, no each Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.019.01 of this Ninth Supplemental Indenture; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of the applicable Series against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuingcontinuing with respect to a Series of Notes, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes of such Series shall have been paid in full.
Appears in 1 contract
Sources: Senior Notes Indenture (WeWork Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of the Offered Securities against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.014.1 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Indenture or the Notes Offered Securities shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company ▇▇▇▇ in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuer under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders of the Securities of a series against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions on account of Section 10.01such Securities or this Indenture; provided provided, however, that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Sources: Supplemental Indenture (Albemarle Holdings II Corp)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company Co-Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011301; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Co-Issuers under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Senior Subordinated Indenture (Infosat Communications LP)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company Co-Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011201; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Co-Issuers under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.01Section 13.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Avid Bioservices, Inc.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0114.1; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.019.01 of this Fourteenth Supplemental Indenture; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this the Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Supplemental Indenture (Atlas Corp.)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01SECTION 10.01 hereof; provided PROVIDED that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.011301; provided provided, however, that, if an Event of Default -------- ------- has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0112.01; provided provided, however, that, if an a Default or Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Indenture (Winnebago Industries Inc)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders Lenders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0111.1; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture Agreement or the Notes Lenders shall have been paid in full.
Appears in 1 contract
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company Co-Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0111.01; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Co-Issuers under this Indenture or the Notes shall have been paid in full.
Appears in 1 contract
Sources: Supplemental Indenture (Sealy Corp)
Subrogation. Each Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company under this Indenture or the Notes shall have been paid in full.. 105
Appears in 1 contract
Sources: Indenture (Sibanye Stillwater LTD)
Subrogation. Each The Guarantor shall be subrogated to all rights of Holders against the Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.0110.1; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Company Issuers under this Indenture or the Notes Securities shall have been paid in full.
Appears in 1 contract