Common use of 05Subrogation Clause in Contracts

05Subrogation. No Borrower Guarantor shall exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Borrower Guaranty until all of the Obligations and any amounts payable under this Borrower Guaranty have been paid and performed in full and the Commitments and the Facilities are terminated. If any amounts are paid to any Borrower Guarantor in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Creditor Parties and shall forthwith be paid to the Creditor Parties to reduce the amount of the Obligations, whether matured or unmatured.

Appears in 3 contracts

Sources: Credit and Term Loan Agreement (Ares Real Estate Income Trust Inc.), Credit and Term Loan Agreement (Ares Real Estate Income Trust Inc.), Credit Agreement (Ares Real Estate Income Trust Inc.)

05Subrogation. No Borrower Guarantor shall exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Borrower Guaranty until all of the Obligations (other than any indemnity obligations for unasserted claims that by its terms survives the termination of this Agreement) and any amounts payable under this Borrower Guaranty have been paid and performed in full and the Commitments and the Facilities facility are terminated. If any amounts are paid to any Borrower Guarantor in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Creditor Credit Parties and shall forthwith be paid to the Creditor Credit Parties to reduce the amount of the Obligations, whether matured or unmatured.. ​

Appears in 1 contract

Sources: Credit Agreement (Container Store Group, Inc.)

05Subrogation. No Borrower Guarantor shall exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Borrower Guaranty until all of the Obligations (other than any indemnity obligations for unasserted claims that by its terms survives the termination of this Agreement) and any amounts payable under this Borrower Guaranty have been paid and performed in full and the Commitments and the Facilities facility are terminated. If any amounts are paid to any Borrower Guarantor in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Creditor Credit Parties and shall forthwith be paid to the Creditor Credit Parties to reduce the amount of the Obligations, whether matured or unmatured.

Appears in 1 contract

Sources: Libor Hardwire Transition Amendment (Container Store Group, Inc.)