Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent or any other Credit Party has at law or in equity against the Guarantor by virtue hereof, upon the failure of the Borrower to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Agent for distribution to the applicable Credit Parties in cash the amount of such unpaid Obligation. Upon payment by the Guarantor of any sums to the Paying Agent as provided above, all rights of the Guarantor against the Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.
Appears in 5 contracts
Samples: Credit Agreement (Federated Department Stores Inc /De/), Guarantee Agreement (Federated Department Stores Inc /De/), Guarantee Agreement (Federated Department Stores Inc /De/)
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower any Guaranty Party to pay any Guaranteed Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Guaranteed Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guaranty Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article IIIIII herein.
Appears in 4 contracts
Samples: Credit Agreement, Amendment and Restatement Agreement (Sabre Corp), Guaranty (Sabre Corp)
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower any Guaranty Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guaranty Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III3 herein.
Appears in 3 contracts
Samples: Guaranty (Aptalis Holdings Inc.), Guaranty (Primedia Inc), Guaranty (Axcan Intermediate Holdings Inc.)
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent Sellers’ Representative or any other Credit Secured Party has at law or in equity against the Guarantor by virtue hereof, upon the failure of the any Borrower to pay any Obligation the Note when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Agent Sellers’ Representative for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid ObligationObligations. Upon payment by the Guarantor of any sums to the Paying Agent Sellers’ Representative as provided above, all rights of the Guarantor against the Borrower any Loan Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.V.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Knowles Corp), Purchase and Sale Agreement (Knowles Corp)
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower or any other Loan Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment acceleration or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower or any other Guarantor arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article IIISection 3.
Appears in 2 contracts
Samples: Guarantee Agreement (T-Mobile US, Inc.), Guarantee Agreement (T-Mobile US, Inc.)
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the Guarantor by virtue hereof, upon the failure of the any Borrower to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the Guarantor against the any Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article IIIIII herein.
Appears in 1 contract
Samples: Guaranty (Biolectron, Inc.)
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent or any other Credit Party Beneficiary has at law or in equity against the Guarantor by virtue hereof, upon the failure of the Borrower to pay any Guaranteed Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Collateral Agent for distribution to the applicable Credit Parties Beneficiaries in cash the amount of such unpaid Guaranteed Obligation. Upon payment by the Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the Guarantor against the Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III7.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Summit Midstream Partners, LP)
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower or any Guaranty Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guaranty Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.
Appears in 1 contract
Samples: Guaranty (Alltel Corp)
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower any Loan Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Loan Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.
Appears in 1 contract
Samples: u.s. Guaranty (WP Prism Inc.)
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Party Lender has at law or in equity against the Guarantor by virtue hereof, upon the failure of the Borrower to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Parties Lenders in cash the amount of such unpaid Obligation. Upon payment by the Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the Guarantor against the Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.
Appears in 1 contract
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Party Lender has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the either Borrower or any other Guarantee Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Parties Lenders in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guarantee Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.
Appears in 1 contract
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent or any other Credit Party Lender has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower or any other Loan Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Agent for distribution to the applicable Credit Parties Lender in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Agent Lender as provided above, all rights of the such Guarantor against the Borrower or any other Guarantor arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article IIIVI.
Appears in 1 contract
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower any Guaranty Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guaranty Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.
Appears in 1 contract
Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent or any other Credit Party Lender has at law or in equity against the Guarantor by virtue hereof, upon the failure of the Borrower to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Agent for distribution to the applicable Credit Parties Lenders in cash the amount of such unpaid Obligation. Upon payment by the Guarantor of any sums to the Paying Agent as provided above, all rights of the Guarantor against the Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.
Appears in 1 contract