Common use of Deferral of Subrogation and Contribution Clause in Contracts

Deferral of Subrogation and Contribution. Guarantor agrees that it shall not assert a right of subrogation against Seller or Buyer or against any Security unless and until: (a) such right of subrogation does not violate (or otherwise produce any result adverse to Buyer under) any applicable law, including any bankruptcy or insolvency law; (b) all amounts due under the Transaction Documents have been paid in full and all other performance required under the Transaction Documents has been rendered in full to Buyer; (c) all periods within which such payment may be set aside or invalidated have expired; and (d) Buyer has released, transferred or disposed of all of its right, title and interest in all Security (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).

Appears in 6 contracts

Samples: Limited Guaranty, Guaranty (Colony NorthStar Credit Real Estate, Inc.), Guaranty (Colony NorthStar Credit Real Estate, Inc.)

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Deferral of Subrogation and Contribution. Guarantor agrees that it shall not assert a right of subrogation against Seller or Buyer or against any Security unless and until: until (a) such right of subrogation does not violate (or otherwise produce any result adverse to Buyer under) any applicable law, including any bankruptcy or insolvency law; (bi) all amounts due under the Transaction Documents have been paid in full and all other performance required under the Transaction Documents has been rendered in full to Buyer, other than those obligations (including contingent reimbursement obligations and indemnity obligations) which survive termination of the Transaction Documents or except as otherwise expressly provided in this Guaranty; (cii) all periods within which such payment may be set aside or invalidated have expired; and (diii) Buyer has released, transferred or disposed of all of its right, title and interest in all Security (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).

Appears in 2 contracts

Samples: Guaranty (Cim Real Estate Finance Trust, Inc.), Guaranty (Cim Real Estate Finance Trust, Inc.)

Deferral of Subrogation and Contribution. Guarantor agrees that it shall not assert a have no right of subrogation against Seller or Buyer or and no right of subrogation against any Security unless and until: (a) such right of subrogation does not violate (or otherwise produce any result adverse to Buyer under) any applicable law, including any bankruptcy or insolvency law; (b) all amounts due under the Transaction Documents have been paid in full and all other performance required under the Transaction Documents has been rendered in full to Buyer; and (c) all periods within which such payment may be set aside or invalidated have expired; and (d) Buyer has released, transferred or disposed of all of its right, title and interest in all Security under applicable law expired (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).

Appears in 2 contracts

Samples: Limited Guaranty (TPG RE Finance Trust, Inc.), Limited Guaranty (TPG RE Finance Trust, Inc.)

Deferral of Subrogation and Contribution. Guarantor agrees that it shall not assert a have no right of subrogation against Seller or Buyer or Buyer, no right of subrogation against any Security unless and untiluntil in Buyer’s reasonable determination: (a) such right of subrogation does not violate (or otherwise produce any result adverse to Buyer under) any applicable law, including any bankruptcy or insolvency law; (b) all amounts due under the Transaction Repurchase Documents have been paid in full and all other performance required under the Transaction Documents has been rendered in full to Buyerfull; (c) all periods within which such payment may be set aside or invalidated have expired; and (d) Buyer has released, transferred or disposed of all of its right, title and interest in all Security (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).

Appears in 1 contract

Samples: Guaranty (Criimi Mae Inc)

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Deferral of Subrogation and Contribution. Guarantor agrees that it shall not assert a have no right of subrogation against Seller or Buyer or and no right of subrogation against any Security unless and until: (a) such right of subrogation does not violate (or otherwise produce any result adverse to Buyer under) any applicable law, including any bankruptcy or insolvency law; (b) all amounts due under the Transaction Documents have been paid in full and all other performance required under the Transaction Documents has been rendered in full to Buyer; (c) all periods within which such payment may be set aside or invalidated have expired; and (d) Buyer has released, transferred or disposed of all of its right, title and interest in all Security (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).. Guaranty Resource Capital 13

Appears in 1 contract

Samples: Guaranty (Resource Capital Corp.)

Deferral of Subrogation and Contribution. Guarantor agrees that it shall not assert a have no right of subrogation against Seller or Buyer or and no right of subrogation against any Security unless and until: (a) such right of subrogation does not violate (or otherwise produce any result adverse to Buyer under) any applicable law, including any bankruptcy or insolvency law; (b) all amounts due under the Transaction Documents have been paid in full and all other performance required under the Transaction Documents has been rendered in full to Buyer; (c) all periods within which such payment may be set aside or invalidated have expired; and (d) Buyer has released, transferred or disposed of all of its right, title and interest in all Security (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).

Appears in 1 contract

Samples: Guaranty (LoanCore Realty Trust, Inc.)

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