Common use of Agreement to Pay; Subordination Clause in Contracts

Agreement to Pay; Subordination. In furtherance of the foregoing and not in limitation of any other right that the Agent or any other Secured Party has at law or in equity against any Guarantor by virtue hereof, upon, and during the continuation of, the failure of the Borrower or any other Loan Party to pay any Indebtedness when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Agent or such other Secured Party as designated thereby in cash the amount of such unpaid Indebtedness. Each Guarantor agrees, as a separate and independent primary obligation, to indemnify the Secured Parties from time to time on demand from and against any loss, cost, expense or liability of any kind reasonably incurred by the Lenders as a result of the Borrower failing to perform the Indebtedness duly and punctually or as a result of any of the Indebtedness being or becoming void, voidable, unenforceable or ineffective against the Borrower for any reason whatsoever, whether known to the Lenders or not.

Agreement to Pay; Subordination. In furtherance of the foregoing and not in limitation of any other right that the Agent or any other Secured Party has at law or in equity against any Guarantor by virtue hereof, upon, and during the continuation of, the failure of the Borrower Borrowers or any other Loan Party to pay any Indebtedness Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Agent or such other Secured Party as designated thereby in cash the amount of such unpaid IndebtednessObligations. Each Guarantor agrees, as a separate and independent primary obligation, to indemnify the Secured Parties from time to time on demand from and against any loss, cost, expense or liability of any kind reasonably incurred by the Lenders as a result of the any Borrower or any other Loan Parties failing to perform the Indebtedness Obligations duly and punctually or as a result of any of the Indebtedness Obligations being or becoming void, voidable, unenforceable or ineffective against the any Borrower or any other Loan Parties for any reason whatsoever, whether known to the Lenders Secured Parties or not.

Agreement to Pay; Subordination. In furtherance of the foregoing and not in limitation of any other right that the Collateral Agent or any other Secured Party has at law or in equity against any Guarantor by virtue hereof, upon, and during the continuation of, the failure of the Borrower or any other Loan Party to pay any Indebtedness Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Collateral Agent or such other Secured Party as designated thereby in cash the amount of such unpaid IndebtednessObligations. Each Guarantor agrees, as a separate and independent primary obligation, to indemnify the Secured Parties from time to time on demand from and against any loss, cost, expense or liability of any kind reasonably incurred by the Lenders as a result of the Borrower failing to perform the Indebtedness Obligations duly and punctually or as a result of any of the Indebtedness Obligations being or becoming void, voidable, unenforceable or ineffective against the Borrower for any reason whatsoever, whether known to the Lenders or not.