Common use of Agreement to Defer Exercise of Subrogation Clause in Contracts

Agreement to Defer Exercise of Subrogation. Notwithstanding any payment or payments made by WII hereunder, or any setoff or application by the Administrative Agent or any Lender of any security or of any credits or claims, WII will not assert or exercise any rights of the Administrative Agent or any Lender or of itself against any Borrower to recover the amount of any payment made hereunder by WII to the Administrative Agent or any Lender by way of any claim, remedy or subrogation, reimbursement, exoneration, contribution, indemnity, participation or otherwise arising by contract, by statute, under common law or otherwise, and WII shall not have any right to exercise any right of recourse to or any claim against assets or property of any Borrower for such amounts, in each case unless and until the Obligations of such Borrower guaranteed hereby have been fully and finally satisfied. Until such time (but not thereafter), WII hereby agrees not to exercise any claim, right or remedy which it may now have or hereafter acquire against any Borrower that arises under this Agreement or any other Loan Document or from the performance by WII of the Guaranty hereunder including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification or participation in any claim, right or remedy of the Administrative Agent or any Lender against any Borrower or WII, or any security that the Administrative Agent or any Lender now has or hereafter acquires pursuant hereto securing the Obligations of the Borrowers under this Agreement, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. If any amount shall be paid to WII by any Borrower after payment in full of the Obligations, and the Obligations shall thereafter be reinstated in whole or in part and the Administrative Agent or any Lender forced to repay any sums received by any of them in payment of the Obligations, this Guaranty shall be automatically reinstated and such amount shall be held in trust for the benefit of the Administrative Agent and the Lenders and shall forthwith be paid to the Administrative Agent to be credited and applied to the Guaranteed Obligations, whether matured or unmatured. The provisions of this paragraph shall survive the termination of this Guaranty, and any satisfaction and discharge of any Borrower by virtue of any payment, court order or any federal or state law.

Agreement to Defer Exercise of Subrogation. Notwithstanding any payment or payments made by WII WIL-Switzerland hereunder, or any setoff or application by the Administrative Agent Agent, the Issuing Bank or any Lender of any security or of any credits or claims, WII WIL-Switzerland will not assert or exercise any rights of the Administrative Agent Agent, the Issuing Bank or any Lender or of itself against any other Guarantor or any Borrower to recover the amount of any payment made hereunder by WII WIL-Switzerland to the Administrative Agent Agent, the Issuing Bank or any Lender by way of any claim, remedy or subrogation, reimbursement, exoneration, contribution, indemnity, participation or otherwise arising by contract, by statute, under common law or otherwise, and WII WIL-Switzerland shall not have any right to exercise any right of recourse to or any claim against assets or property of any Borrower or of any other Guarantor for such amounts, in each case unless and until the Obligations of such Borrower or obligations of such Guarantor guaranteed hereby have been fully and finally satisfied. Until such time (but not thereafter), WII WIL-Switzerland hereby agrees not to exercise any claim, right or remedy which it may now have or hereafter acquire against any other Guarantor or any Borrower that arises under this the Credit Agreement or any other Loan Document or from the performance by WII WIL-Switzerland of the Guaranty hereunder including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification or participation in any claim, right or remedy of the Administrative Agent Agent, the Issuing Bank or any Lender against any Borrower or WIIany Guarantor, or any security that the Administrative Agent Agent, the Issuing Bank or any Lender now has or hereafter acquires pursuant hereto securing the Obligations of the Borrowers or obligations of any Guarantor under this Agreementthe Credit Agreement or any other Loan Document, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. If any amount shall be paid to WII WIL-Switzerland by any Borrower or any Guarantor after payment in full of the Obligations, and the Obligations shall thereafter be reinstated in whole or in part and the Administrative Agent Agent, the Issuing Bank or any Lender forced to repay any sums received by any of them in payment of the Obligations, this Guaranty shall be automatically reinstated and such amount shall be held in trust for the benefit of the Administrative Agent Agent, the Issuing Bank and the Lenders and shall forthwith be paid to the Administrative Agent to be credited and applied to the Guaranteed Obligations, whether matured or unmatured. The provisions of this paragraph shall survive the termination of this Guaranty, and any satisfaction and discharge of any Borrower or any Guarantor by virtue of any payment, court order or any federal or state law.

Agreement to Defer Exercise of Subrogation. Notwithstanding any payment or payments made by WII hereunder, or any setoff or application by the Administrative Agent or any Lender of any security or of any credits or claims, WII will not assert or exercise any rights of the Administrative Agent or any Lender or of itself against any the Borrower to recover the amount of any payment made hereunder by WII to the Administrative Agent or any Lender by way of any claim, remedy or subrogation, reimbursement, exoneration, contribution, indemnity, participation or otherwise arising by contract, by statute, under common law or otherwise, and WII shall not have any right to exercise any right of recourse to or any claim against assets or property of any either Borrower for such amounts, in each case unless and until the Obligations of such Borrower guaranteed hereby have been fully and finally satisfied. Until such time (but not thereafter), WII hereby agrees not to exercise any claim, right or remedy which it may now have or hereafter acquire against any either Borrower that arises under this Agreement or any other Loan Document or from the performance by WII of the Guaranty hereunder including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification or participation in any claim, right or remedy of the Administrative Agent or any Lender against any either Borrower or WII, or any security that the Administrative Agent or any Lender now has or hereafter acquires pursuant hereto securing the Obligations of the Borrowers under this Agreement, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. If any amount shall be paid to WII by any either Borrower after payment in full of the Obligations, and the Obligations shall thereafter be reinstated in whole or in part and the Administrative Agent or any Lender forced to repay any sums received by any of them in payment of the Obligations, this Guaranty shall be automatically reinstated and such amount shall be held in trust for the benefit of the Administrative Agent and the Lenders and shall forthwith be paid to the Administrative Agent to be credited and applied to the Guaranteed Obligations, whether matured or unmatured. The provisions of this paragraph shall survive the termination of this Guaranty, and any satisfaction and discharge of any either Borrower by virtue of any payment, court order or any federal or state law.

Agreement to Defer Exercise of Subrogation. Notwithstanding any payment or payments made by WII hereunder, or any setoff or application by the Administrative Agent or any Lender of any security or of any credits or claims, WII will not assert or exercise any rights of the Administrative Agent or any Lender or of itself against any either Borrower to recover the amount of any payment made hereunder by WII to the Administrative Agent or any Lender by way of any claim, remedy or subrogation, reimbursement, exoneration, contribution, indemnity, participation or otherwise arising by contract, by statute, under common law or otherwise, and WII shall not have any right to exercise any right of recourse to or any claim against assets or property of any either Borrower for such amounts, in each case unless and until the Obligations of such Borrower guaranteed hereby have been fully and finally satisfied. Until such time (but not thereafter), WII hereby agrees not to exercise any claim, right or remedy which it may now have or hereafter acquire against any either Borrower that arises under this Agreement or any other Loan Document or from the performance by WII of the Guaranty hereunder including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification or participation in any claim, right or remedy of the Administrative Agent or any Lender against any either Borrower or WII, or any security that the Administrative Agent or any Lender now has or hereafter acquires pursuant hereto securing the Obligations of the Borrowers under this Agreement, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. If any amount shall be paid to WII by any either Borrower after payment in full of the Obligations, and the Obligations shall thereafter be reinstated in whole or in part and the Administrative Agent or any Lender forced to repay any sums received by any of them in payment of the Obligations, this Guaranty shall be automatically reinstated and such amount shall be held in trust for the benefit of the Administrative Agent and the Lenders and shall forthwith be paid to the Administrative Agent to be credited and applied to the Guaranteed Obligations, whether matured or unmatured. The provisions of this paragraph shall survive the termination of this Guaranty, and any satisfaction and discharge of any either Borrower by virtue of any payment, court order or any federal or state law.

Agreement to Defer Exercise of Subrogation. Notwithstanding any payment or payments made by WII any Guarantor hereunder, or any setoff or application by the Administrative Agent or any Lender Guaranteed Party of any security or of any credits or claims, WII such Guarantor will not assert or exercise any rights of the Administrative Agent or any Lender Guaranteed Party or of itself against any other Guarantor or any Borrower to recover the amount of any payment made hereunder by WII such Guarantor to the Administrative Agent or any Lender Guaranteed Party by way of any claim, remedy or subrogation, reimbursement, exoneration, contribution, indemnity, participation or otherwise arising by contract, by statute, under common law or otherwise, and WII such Guarantor shall not have any right to exercise any right of recourse to or any claim against assets or property of any Borrower or of any other Guarantor for such amounts, in each case unless and until the Obligations of such Borrower guaranteed hereby have been fully and finally satisfied. Until such time (but not thereafter), WII hereby agrees not to exercise any claim, right or remedy which it may now have or hereafter acquire against any Borrower that arises under this Agreement or any other Loan Document or from the performance by WII of the Guaranty hereunder including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification or participation in any claim, right or remedy of the Administrative Agent or any Lender against any Borrower or WII, or any security that the Administrative Agent or any Lender now has or hereafter acquires pursuant hereto securing the Obligations of the Borrowers under this Agreement, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. If any amount shall be paid to WII any Guarantor by any Borrower or any other Guarantor after payment in full of the Guaranteed Obligations, and the Obligations shall thereafter be reinstated in whole or in part and the Administrative Agent or any Lender Guaranteed Party is forced to repay any sums received by any of them it in payment of the Obligations, this Guaranty shall be automatically reinstated and such amount shall be held in trust for the benefit of the Administrative Agent and the Lenders Guaranteed Parties and shall forthwith be paid to the Administrative Agent to be credited and applied to the Guaranteed Obligations, whether matured or unmatured. The provisions of this paragraph shall survive the termination of this Guaranty, and any satisfaction and discharge of any Borrower or any Guarantor by virtue of any payment, court order or any federal or state law.

Agreement to Defer Exercise of Subrogation. Notwithstanding any payment or payments made by WII WIL-Switzerland hereunder, or any setoff or application by the Administrative Agent Agent, the Issuing Bank or any Lender of any security or of any credits or claims, WII WIL-Switzerland will not assert or exercise any rights of the Administrative Agent Agent, the Issuing Bank or any Lender or of itself against any other Guarantor or the Borrower to recover the amount of any payment made hereunder by WII WIL-Switzerland to the Administrative Agent Agent, the Issuing Bank or any Lender by way of any claim, remedy or subrogation, reimbursement, exoneration, contribution, indemnity, participation or otherwise arising by contract, by statute, under common law or otherwise, and WII WIL-Switzerland shall not have any right to exercise any right of recourse to or any claim against assets or property of the Borrower or of any Borrower other Guarantor for such amounts, in each case unless and until the Obligations of such Borrower or obligations of such Guarantor guaranteed hereby have been fully and finally satisfied. Until such time (but not thereafter), WII WIL-Switzerland hereby agrees not to exercise any claim, right or remedy which it may now have or hereafter acquire against any other Guarantor or the Borrower that arises under this the Credit Agreement or any other Loan Document or from the performance by WII WIL-Switzerland of the Guaranty hereunder including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification or participation in any claim, right or remedy of the Administrative Agent Agent, the Issuing Bank or any Lender against any the Borrower or WIIany Guarantor, or any security that the Administrative Agent Agent, the Issuing Bank or any Lender now has or hereafter acquires pursuant hereto securing the Obligations of the Borrowers Borrower or obligations of any Guarantor under this Agreementthe Credit Agreement or any other Loan Document, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. If any amount shall be paid to WII WIL-Switzerland by the Borrower or any Borrower Guarantor after payment in full of the Obligations, and the Obligations shall thereafter be reinstated in whole or in part and the Administrative Agent Agent, the Issuing Bank or any Lender forced to repay any sums received by any of them in payment of the Obligations, this Guaranty shall be automatically reinstated and such amount shall be held in trust for the benefit of the Administrative Agent Agent, the Issuing Bank and the Lenders and shall forthwith be paid to the Administrative Agent to be credited and applied to the Guaranteed Obligations, whether matured or unmatured. The provisions of this paragraph shall survive the termination of this Guaranty, and any satisfaction and discharge of the Borrower or any Borrower Guarantor by virtue of any payment, court order or any federal or state law.

Agreement to Defer Exercise of Subrogation. Notwithstanding any payment or payments made by WII the Guarantor hereunder, or any setoff or application by the Administrative Agent or any Lender of any security or of any credits or claims, WII the Guarantor will not assert or exercise any rights of the Administrative Agent or any Lender or of itself against any the Borrower to recover the amount of any payment made hereunder by WII the Guarantor to the Administrative Agent or any Lender by way of any claim, remedy or subrogation, reimbursement, exoneration, contribution, indemnity, participation or otherwise arising by contract, by statute, under common law or otherwise, and WII the Guarantor shall not have any right to exercise any right of recourse to or any claim against assets or property of any the Borrower for such amounts, in each case unless and until the Obligations of such the Borrower guaranteed hereby have been fully and finally satisfied. Until such time (but not thereafter), WII the Guarantor hereby agrees not to exercise any claim, right or remedy which it may now have or hereafter acquire against any the Borrower that arises under this Agreement or any other Loan Document or from the 62 performance by WII the Guarantor of the Guaranty hereunder including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification or participation in any claim, right or remedy of the Administrative Agent or any Lender against any the Borrower or WIIthe Guarantor, or any security that the Administrative Agent or any Lender now has or hereafter acquires pursuant hereto securing the Obligations of the Borrowers Borrower under this Agreement, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. If any amount shall be paid to WII the Guarantor by any the Borrower after payment in full of the Obligations, and the Obligations shall thereafter be reinstated in whole or in part and the Administrative Agent or any Lender forced to repay any sums received by any of them in payment of the Obligations, this Guaranty shall be automatically reinstated and such amount shall be held in trust for the benefit of the Administrative Agent and the Lenders and shall forthwith be paid to the Administrative Agent to be credited and applied to the Guaranteed Obligations, whether matured or unmatured. The provisions of this paragraph shall survive the termination of this Guaranty, and any satisfaction and discharge of any the Borrower by virtue of any payment, court order or any federal or state law.