Common use of Deferral of Guarantors’ rights Clause in Contracts

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) to be indemnified by an Obligor; (ii) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iii) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 (Payment Mechanics) of this Agreement.

Appears in 3 contracts

Samples: Amendment and Restatement Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)

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Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors any Borrower under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no the Guarantor will not exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligorany Borrower; (iib) to claim any contribution from any other guarantor of any Obligor’s Borrower's obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of legal subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a the Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors a Borrower under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 33 (Payment Mechanicsmechanics) of this Agreement.

Appears in 2 contracts

Samples: Facilities Agreement (HeidelbergCement AG), Facilities Agreement (HeidelbergCement AG)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent (or, as the case may be, the Security Agent) otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 34 (Payment Mechanicsmechanics) of this Agreement.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Cascal N.V.), Facility Agreement (Cascal B.V.)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent or, as the case may be, the Security Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 33 (Payment Mechanicsmechanics) of this Agreement.

Appears in 2 contracts

Samples: Facility Agreement (Rockwood Specialties Group Inc), Facility Agreement (Rockwood Specialties Group Inc)

Deferral of Guarantors’ rights. (Aa) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) to be indemnified by an Obligor; (ii) to claim any contribution from any other guarantor of any Obligor’s 's obligations under the Finance Documents; and/or (iii) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (Bb) If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Administrative Agent or as the Administrative Agent may direct for application in accordance with clause 27 Section 3.7 (Payment MechanicsRemittance of Payments) of this Agreement.

Appears in 2 contracts

Samples: Revolving Credit Facility (Gatos Silver, Inc.), Revolving Credit Facility (Gatos Silver, Inc.)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) to be indemnified by an Obligor; (ii) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iii) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 34 (Payment Mechanics) of this Agreement.

Appears in 2 contracts

Samples: Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)

Deferral of Guarantors’ rights. (A) 20.7.1 Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) 20.7.2 If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the to same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 30 (Payment Mechanics) of this Agreementmechanics).

Appears in 1 contract

Samples: Facilities Agreement (Central European Distribution Corp)

Deferral of Guarantors’ rights. (Aa) Until all amounts which may be or become payable by the Obligors Borrowers under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no the Guarantor will shall not exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) to be indemnified by an Obligora Borrower; (ii) to claim any contribution from any other guarantor party to any of any Obligor’s obligations under the Finance Documents; and/or (iii) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (Bb) If a the Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 28 (Payment Mechanics) of this Agreementmechanics).

Appears in 1 contract

Samples: Senior Secured Post Delivery Term Loan Facility Agreement (Knightsbridge Shipping LTD)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) to be indemnified by an Obligor; (ii) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iii) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 42 (Payment Mechanics) of this Agreement.

Appears in 1 contract

Samples: Deed of Amendment and Restatement (Kosmos Energy Ltd.)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s 's obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Facility Agent or as the Facility Agent may direct for application in accordance with clause 27 Clause 29 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Facility Agreement (Sigma Aldrich Corp)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent or, as the case may be, the Security Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 40 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 32 (Payment Mechanics) of this Agreement.

Appears in 1 contract

Samples: Facilities Agreement (Signet Jewelers LTD)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the relevant Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) to be indemnified by an Obligor; (ii) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iii) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 34 (Payment Mechanics) of this Agreement.

Appears in 1 contract

Samples: Common Terms Agreement (Kosmos Energy Ltd.)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent (or, as the case may be, the Security Agent) otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or; (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 29 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Misys PLC)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 28 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Misys PLC)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors Borrower under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no the Guarantor will not exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) 19.8.1 to be indemnified by an Obligorthe Borrower; (ii) 19.8.2 to claim any contribution from any other guarantor of any Obligorthe Borrower’s obligations under the Finance Documents; and/or (iii) 19.8.3 to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a the Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors Borrower under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 31 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Validus Holdings LTD)

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Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors Borrower under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no the Guarantor will not exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) 18.8.1 to be indemnified by an Obligorthe Borrower; (ii) 18.8.2 to claim any contribution from any other guarantor of any Obligor’s the Borrower's obligations under the Finance Documents; and/or (iii) 18.8.3 to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a the Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors Borrower under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 30 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Standby Letter of Credit Facility Agreement (Validus Holdings LTD)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s 's obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 32 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Secured Facilities Agreement (Solutia Inc)

Deferral of Guarantors’ rights. (Aa) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Administrative Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) to be indemnified by an Obligor; (ii) to claim any contribution from any other guarantor of any Obligor’s 's obligations under the Finance Documents; and/or (iii) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (Bb) If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Administrative Agent or as the Administrative Agent may direct for application in accordance with clause 27 Section ‎3.7 (Payment MechanicsRemittance of Payments) of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Facility (Gatos Silver, Inc.)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 31 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Genesco Inc)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no the Guarantor will not exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of or provider of security for any Obligor’s obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a the Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution will promptly pay an equal amount to the extent necessary to enable Agent for application in accordance with clause 29 (Payment mechanics). This only applies until all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid have been irrevocably paid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 (Payment Mechanics) of this Agreementfull.

Appears in 1 contract

Samples: Facility Agreement (Opto Circuits (India) LTD)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent (or, as the case may be, the Security Agent) otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 29 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Facility Agreement (Misys PLC)

Deferral of Guarantors’ rights. (Aa) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Administrative Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) to be indemnified by an Obligor; (ii) to claim any contribution from any other guarantor of any Obligor’s 's obligations under the Finance Documents; and/or (iii) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (Bb) If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Administrative Agent or as the Administrative Agent may direct for application in accordance with clause 27 Section 3.7 (Payment MechanicsRemittance of Payments) of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Facility (Gatos Silver, Inc.)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (ia) to be indemnified by an Obligor; (iib) to claim any contribution from any other guarantor of any Obligor’s 's obligations under the Finance Documents; and/or (iiic) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Agent or as the Agent may direct for application in accordance with clause 27 Clause 32 (Payment Mechanics) of this Agreement.

Appears in 1 contract

Samples: Facilities Agreement (Signet Jewelers LTD)

Deferral of Guarantors’ rights. (A) Until all amounts which may be or become payable by the Obligors under or in connection with the Finance Documents have been irrevocably paid in full and unless the Facility Administrative Agent otherwise directs, no Guarantor will exercise any rights which it may have by reason of performance by it of its obligations under the Finance Documents: (i) 18.8.1 to be indemnified by an Obligor; (ii) 18.8.2 to claim any contribution from any other guarantor of any Obligor’s obligations under the Finance Documents; and/or (iii) 18.8.3 to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Finance Parties under the Finance Documents or of any other guarantee or security taken pursuant to, or in connection with, the Finance Documents by any Finance Party. (B) . If a Guarantor receives any benefit, payment or distribution in relation to such rights it shall hold that benefit, payment or distribution to the extent necessary to enable all amounts which may be or become payable to the Finance Parties by the Obligors under or in connection with the Finance Documents to be repaid in full on trust for the Finance Parties and shall promptly pay or transfer the same to the Administration Agent or as the Administration Agent may direct for application in accordance with clause 27 Clause 32 (Payment Mechanicsmechanics) of this Agreement.

Appears in 1 contract

Samples: Senior Facilities Agreement (Equinix Inc)

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