Agreement to Pay; Subrogation; Subordination. Without limiting any other right that the Creditor has at law or in equity against the Guarantor, if the Parent fails to pay any Obligation when and as due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor agrees to promptly pay the amount of such unpaid Obligations to the Creditor in cash. Upon payment by the Guarantor of any sums to the Creditor as provided herein, all of the Guarantor’s rights of subrogation, exoneration, contribution, reimbursement, indemnity or otherwise arising therefrom against the Parent or any other guarantor shall be subordinate and junior in right of payment to the prior indefeasible payment in full in cash of all Obligations.
Appears in 2 contracts
Samples: Exchange Agreement (Resonant Inc), Secured Subsidiary Guaranty (Resonant Inc)
Agreement to Pay; Subrogation; Subordination. Without limiting any other right that the Creditor has Secured Parties or Collateral Agent have at law or in equity against the Guarantor, if the Parent fails to pay any Obligation when and as due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor agrees to promptly pay the amount of such unpaid Obligations to the Creditor Collateral Agent in cash. Upon payment by the Guarantor of any sums to the Creditor Collateral Agent as provided herein, all of the Guarantor’s rights of subrogation, exoneration, contribution, reimbursement, indemnity or otherwise arising therefrom against the Parent or any other guarantor shall be subordinate and junior in right of payment to the prior indefeasible payment in full in cash of all Obligations.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Resonant Inc), Secured Subsidiary Guaranty (Resonant Inc)