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.
Appears in 1 contract
Samples: Framework Agreement
Deferral of Rights. 8.1 Until all amounts which may be or become payable by the Provider Supplier under or in connection with any the Guaranteed Agreement have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of all of the BeneficiariesBeneficiary, 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 Supplier's obligations under any the Guaranteed Agreement;
8.1.3 ; or take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Beneficiaries Beneficiary under any the Guaranteed Agreement or of any other guarantee or security taken pursuant to, or in connection with, any the Guaranteed Agreement;
8.1.4 . Until all amounts which may be or become payable by the Supplier under or in connection with the Guaranteed Agreement have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of the Beneficiary, it will not following the occurrence of An Insolvency Event or a Supplier Default: exercise any rights it may have to be indemnified by the Supplier; demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the ProviderSupplier; or
8.1.5 or claim any set-off or counterclaim against the Provider.
8.2 Supplier. If the Guarantor receives any payment or other benefit or exercises any set off or counterclaim or otherwise acts in breach of this Clause 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 the Beneficiary under this Deed of Guarantee.
Appears in 1 contract
Samples: Agreement for the Provision of Care and Support Services
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 Xxxxxxxxx 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.
Appears in 1 contract
Samples: Framework Agreement
Deferral of Rights. 8.1 Until all amounts which may be or become payable by the Provider Supplier under or in connection with any the Guaranteed Agreement have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of all of the BeneficiariesBeneficiary, it will not:
8.1.1 exercise any rights it may have to be indemnified by the ProviderSupplier;
8.1.2 claim any contribution from any other guarantor of the ProviderSupplier’s obligations under any the 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 Beneficiary under any the Guaranteed Agreement or of any other guarantee or security taken pursuant to, or in connection with, any the Guaranteed Agreement;
8.1.4 demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the ProviderSupplier; or
8.1.5 claim any set-off or counterclaim against the Provider.Supplier;
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 there from shall be held on trust for the relevant Beneficiary and applied in or towards discharge of its obligations to that the Beneficiary under this Deed of Guarantee.
Appears in 1 contract
Samples: Framework Agreement
Deferral of Rights. 8.1 Until all amounts which may be or become payable by the Provider Generator under or in connection with any the Guaranteed Agreement have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of all of the BeneficiariesBeneficiary (which the Beneficiary may grant or deny at its sole and absolute discretion), it will not:
8.1.1 exercise any rights it may have to be indemnified by the ProviderGenerator;
8.1.2 claim any contribution from any other guarantor of the ProviderGenerator’s obligations under any the 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 Beneficiary under any the Guaranteed Agreement or of any other guarantee or security taken pursuant to, or in connection with, any the Guaranteed Agreement;
8.1.4 demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the ProviderGenerator; or
8.1.5 claim any set-off or counterclaim against the Provider.Generator;
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 the Beneficiary under this Deed of Guarantee.
Appears in 1 contract
Samples: Deed of Guarantee
Deferral of Rights. 8.1 Until all amounts which may be or become payable by the Provider Supplier under or in connection with any the Guaranteed Agreement have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of all of the BeneficiariesBeneficiary, 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 Supplier's obligations under any the Guaranteed Agreement;; or
8.1.3 8.1.2 take the benefit (in whole or in part and whether by way of subrogation or otherwise) of any rights of the Beneficiaries Beneficiary under any the Guaranteed Agreement or of any other guarantee or security taken pursuant to, or in connection with, any the Guaranteed Agreement.
8.2 Until all amounts which may be or become payable by the Supplier under or in connection with the Guaranteed Agreement have been irrevocably paid in full, the Guarantor agrees that, without the prior written consent of the Beneficiary, it will not following the occurrence of An Insolvency Event or a Supplier Default:
8.2.1 exercise any rights it may have to be indemnified by the Supplier;
8.1.4 8.2.2 demand or accept repayment in whole or in part of any indebtedness now or hereafter due from the ProviderSupplier; or
8.1.5 8.2.3 claim any set-off or counterclaim against the ProviderSupplier.
8.2 8.3 If the Guarantor receives any payment or other benefit or exercises any set off or counterclaim or otherwise acts in breach of this Clause 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 the Beneficiary under this Deed of Guarantee.
Appears in 1 contract
Samples: Agreement for the Provision of Integrated Sexual Health and Hiv Services