Deferral of Rights. 8.1 Until all amounts which may be or become payable by the Agency under or in connection with the Guaranteed Agreement have been paid in full, the Guarantor agrees that, without the prior written consent of the Beneficiary, it will not: ● exercise any rights it may have to be indemnified by the Agency ● claim any contribution from any other guarantor of the Agency’s obligations under the Guaranteed Agreement ● take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Beneficiary under the Guaranteed Agreement or of any other guarantee or security taken pursuant to, or in connection with, the Guaranteed Agreement ● demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the Agency or ● claim any set-off or counterclaim against the Agency
8.2 If the Guarantor receives any payment or other benefit, or exercises any set-off or counterclaim, or otherwise acts in breach of this Clause 8, any thing so received and any benefit derived directly or indirectly by the Guarantor therefrom will be held on trust for the Beneficiary and applied in or towards discharge of its obligations to the Beneficiary under this Deed of Guarantee.
Deferral of Rights. 8.1 Until all amounts which may be or become payable by the Provider under or in connection with any Guaranteed Agreement have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of all of the Beneficiaries, it will not:
8.1.1 exercise any rights it may have to be indemnified by the Provider;
8.1.2 claim any contribution from any other guarantor of the Provider’s obligations under any Guaranteed Agreement;
8.1.3 take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Beneficiaries under any Guaranteed Agreement or of any other guarantee or security taken pursuant to, or in connection with, any Guaranteed Agreement;
8.1.4 demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the Provider; or
8.1.5 claim any set-off or counterclaim against the Provider.
8.2 If the Guarantor receives any payment or other benefit or exercises any set off or counterclaim or otherwise acts in breach of this Clause 8, anything so received and any benefit derived directly or indirectly by the Guarantor therefrom shall be held on trust for the relevant Beneficiary and applied in or towards discharge of its obligations to that Beneficiary under this Deed of Guarantee.
Deferral of Rights. Until such time as the Secured Obligations have been discharged in full, no Chargor will exercise any rights which it may have by reason of performance by it of its obligations under this Security Agreement:
16.7.1 to be indemnified by any Obligor;
16.7.2 to claim any contribution from any guarantor of any Obligor’s obligations under this Security Agreement; and/or
16.7.3 to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Interim Finance Parties under the Interim Documents or of any other guarantee or Security taken pursuant to, or in connection with, this Security Agreement by any Interim Finance Party.
Deferral of Rights. Until the occurrence of a Discharge Event, the Chargor will not exercise any rights which it may have by reason of performance by it of its obligations under this Agreement:
Deferral of Rights. Until the occurrence of a Discharge Event, each Company will not exercise any rights which it may have by reason of performance by it of its obligations under this Debenture:
(a) to be indemnified by any other Credit Party;
(b) to claim any contribution from any guarantor of any Credit Party’s obligations under this Debenture; and/or to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Secured Parties under the Credit Documents or of any other guarantee or security taken pursuant to, or in connection with, this Debenture by any Secured Party.
Deferral of Rights. Guarantor hereby irrevocably agrees that it shall not exercise any common law, statutory, contractual or other right of indemnity, exoneration, contribution or other right of payment from any party whatsoever in connection with the Obligations except to the extent it or its affiliates have any such right with respect to the Authority (including any other guarantor of some or all of the Obligations), until and unless the Obligations are first paid in full.
Deferral of Rights. Until the end of the Security Period and unless the Collateral Agent otherwise directs in writing, the Chargor will not exercise any rights which it may have by reason of performance by it of its obligations under this Deed or by reason of any amount being payable, or liability arising, under this Deed:
(a) to be indemnified by any Obligor;
(b) to claim any contribution from any guarantor of any Obligor’s obligations under any other Bond Document;
(c) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any right of any Secured Party under the Bond Documents or of any other guarantee or Security taken pursuant to, or in connection with, the Bond Documents by any Secured Party;
(d) to bring legal or other proceedings for an order requiring any Obligor or any other person to make any payment, or perform any obligation, in respect of which any Obligor or other person has given a guarantee, undertaking or indemnity under any Bond Document;
(e) to exercise any right of set-off against any Obligor or any other person; and/or
(f) to claim or prove as a creditor of any Obligor or any other person in competition with any Secured Party. If the Chargor receives any benefit, payment or distribution in relation to any such right it shall hold that benefit, payment or distribution (or so much of it as may be necessary to enable all amounts which may be or become payable to the a Secured Party by the Obligors under or in connection with the Bond Documents to be paid in full) on trust for the Secured Parties, and shall promptly pay or transfer the same to the Collateral Agent or as the Collateral Agent may direct for application in accordance with Clause 19 (Application of proceeds).
Deferral of Rights. Until all amounts which may be or become payable by any Obligor under or in connection with the Guaranteed Obligations have been irrevocably paid in full and unless the Debt Guarantor otherwise directs, the Guarantors will not, without the prior written consent of the Debt Guarantor, exercise any rights which they may have by reason of performance by them of their obligations under the Guarantee or the Security Documents or by reason of any amount being payable, or liability arising, under this Agreement –
3.5.1 to be indemnified by the Borrower or any other Obligor;
3.5.2 to claim any contribution from any Obligor of or provider of Security for any of the Guaranteed Obligations;
3.5.3 to take the benefit (in whole or in part and whether by way of subrogation, cession of action or otherwise) of any rights of the Debt Guarantor under the Guaranteed Obligations or of any other guarantee or Security taken pursuant to, or in connection with, the Guaranteed Obligations by the Debt Guarantor;
3.5.4 to bring legal or other proceedings for an order requiring any Obligor to make any payment, or perform any obligation, in respect of which a Cedent has given a guarantee, undertaking or indemnity under the Guarantee;
3.5.5 to exercise any right of set-off against the Borrower; and/or
3.5.6 to claim, rank, prove or vote as a creditor or shareholder of any Obligor in competition with the Debt Guarantor.
Deferral of Rights. Until such time as the Secured Liabilities have been discharged in full, the Security Grantor will not exercise any rights which it may have by reason of performance by it of its obligations under this Agreement:
(a) to be indemnified by any Obligor;
(b) to claim any contribution from any guarantor of any Obligor's obligations under the Debt Documents; and/or
(c) to take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Secured Parties under the Debt Documents or of any other guarantee or Security taken pursuant to, or in connection with, the Debt Documents by any Secured Party.
Deferral of Rights. Unless the Security Period has expired or the Chargee otherwise directs, the Chargor shall not exercise any rights which it may have in connection with the Charged Property or this Deed by reason of performance by it of its obligations under this Deed or by reason of any amount being payable or liability arising under this Deed:
