Common use of Agreement to Perform and Pay; Subordination Clause in Contracts

Agreement to Perform and Pay; Subordination. In furtherance of the foregoing and not in limitation of any other right that any Jurisdiction has at law or in equity against Guarantor by virtue hereof, upon the failure of the Company, to perform or pay any Obligation when and as the same shall become due, Guarantor hereby promises to and will forthwith, as the case may be, (a) perform, or cause to be performed, such unperformed Obligations and (b) pay, or cause to be paid, to the Jurisdictions the amount of such unpaid Monetary Obligations. Upon payment by Guarantor of any sums to the Jurisdictions as provided above, all rights of Guarantor against the Company, arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subordinate and junior in right of payment to the prior indefeasible payment in full of all the Monetary Obligations. If any amount shall erroneously be paid to Guarantor on account of (i) such subrogation, contribution, reimbursement, indemnity or similar right or (ii) any such indebtedness of the Company, such amount shall be held in trust for the benefit of the Jurisdictions and shall forthwith be paid to the Jurisdictions to be credited against the payment of the Monetary Obligations or performance in accordance with the terms of the Service Agreement.

Agreement to Perform and Pay; Subordination. In furtherance of the foregoing and not in limitation of any other right that any Jurisdiction has Sellers have at law or in equity against Guarantor by virtue hereof, upon the failure of the CompanyBuyer, to perform or pay any Obligation when and as the same shall become due, Guarantor hereby promises to and will forthwith, as the case may be, (a) perform, or cause to be performed, such unperformed Obligations and (b) pay, or cause to be paid, to the Jurisdictions Sellers in cash the amount of such unpaid Monetary Obligations. Upon payment by Guarantor of any sums to the Jurisdictions Sellers as provided above, all rights of Guarantor against the CompanyBuyer, arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subordinate and junior in right of payment to the prior indefeasible payment in full in cash of all the Monetary Obligations. If any amount shall erroneously be paid to Guarantor on account of (i) such subrogation, contribution, reimbursement, indemnity or similar right or (ii) any such indebtedness of the CompanyBuyer, such amount shall be held in trust for the benefit of the Jurisdictions Sellers and shall forthwith be paid to the Jurisdictions Sellers to be credited against the payment of the Monetary Obligations or performance in accordance with the terms of the Service Asset Sale Agreements or any Ancillary Agreement, as applicable.

Agreement to Perform and Pay; Subordination. In furtherance of the foregoing and not in limitation of any other right that any Jurisdiction has at law or in equity against Guarantor by virtue hereof, upon the failure of the Company, to perform or pay any Obligation when and as the same shall become due, Guarantor hereby promises to and will forthwith, as the case may be, (a) perform, or cause to be performed, such unperformed Obligations and (b) pay, or cause to be paid, to the Jurisdictions the amount of such unpaid Monetary Obligations. Upon payment by Guarantor of any sums to the Jurisdictions as provided above, all rights of Guarantor against the Company, arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subordinate and junior in right of payment to the prior indefeasible payment in full of all the Monetary Obligations. If any amount shall erroneously be paid to Guarantor on account of (i) such subrogation, contribution, reimbursement, indemnity or similar right or (ii) any such indebtedness of the Company, such amount shall be held in trust for the benefit of the Jurisdictions and shall forthwith be paid to the Jurisdictions to be credited against the payment of the Monetary Obligations or performance in accordance with the terms of the Service Agreement. Section 9.

Agreement to Perform and Pay; Subordination. In furtherance of the foregoing and not in limitation of any other right that any Jurisdiction has at law or in equity against Guarantor by virtue hereof, upon the failure of the Company, to perform or pay any Obligation when and as the same shall become due, Guarantor hereby promises to and will forthwith, as the case may be, (a) perform, or cause to be performed, such unperformed Obligations and (b) pay, or cause to be paid, to the Jurisdictions the amount of such unpaid Monetary Obligations. Upon payment by Guarantor of any sums to the Jurisdictions as provided above, all rights of Guarantor against the Company, arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subordinate and junior in right of payment to the prior indefeasible payment in full of all the Monetary Obligations. If any amount shall erroneously be paid to Guarantor on account of (i) such subrogation, contribution, reimbursement, indemnity or similar right or (ii) any such indebtedness of the Company, such amount shall be held in trust for the benefit of the Jurisdictions and shall forthwith be paid to the Jurisdictions to be credited against the payment of the Monetary Obligations or performance in accordance with the terms of the Service AgreementLease Agreements. Section 9.