Common use of Deferral of Subrogation and Contribution Clause in Contracts

Deferral of Subrogation and Contribution. Guarantor agrees it shall have no right of subrogation against Seller or Buyer 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 (c) all periods within which such payment may be set aside or invalidated have expired (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).

Appears in 2 contracts

Samples: Guaranty (RAIT Financial Trust), Guaranty (RAIT Financial Trust)

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Deferral of Subrogation and Contribution. Guarantor agrees it shall have no right of subrogation against Seller Seller, the Buyers or the Buyer Agent 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 fullfull and all other performance required under the Transaction Documents has been rendered in full to the Buyer Agent and the Buyers; and (cb) all periods within which such payment and performance may be set aside or invalidated have expired (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).

Appears in 2 contracts

Samples: Guaranty (Anthracite Capital Inc), Amended and Restated Guaranty (Anthracite Capital Inc)

Deferral of Subrogation and Contribution. Guarantor agrees it shall have no right of subrogation against Seller or Buyer 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; and (b) all amounts due under the Transaction Documents have been paid in full; full and (c) all periods within which such payment may be set aside or invalidated have expired other performance required under the Transaction Documents has been rendered in full to Buyer (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).

Appears in 1 contract

Samples: Guaranty (Prospect Acquisition Corp)

Deferral of Subrogation and Contribution. Guarantor agrees it shall have no right of subrogation against Seller or Buyer 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 lawInsolvency Law; (b) all amounts due under the Transaction Documents have been paid in fullfull 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 under applicable law expired (such deferral of Guarantor’s subrogation and contribution rights, the “Subrogation Deferral”).

Appears in 1 contract

Samples: Payment Guaranty (Ares Commercial Real Estate Corp)

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Deferral of Subrogation and Contribution. Guarantor agrees it shall have no right of subrogation against Seller Seller, the Buyers or the Buyer Agent 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 Repurchase Documents have been paid in fullfull and all other performance required under the Repurchase Documents has been rendered in full to the Buyer Agent and the Buyers; and (cb) all periods within which such payment and performance may be set aside or invalidated have expired (such deferral of Guarantor’s 's subrogation and contribution rights, the "Subrogation Deferral").

Appears in 1 contract

Samples: Guaranty (Anthracite Capital Inc)

Deferral of Subrogation and Contribution. Guarantor agrees it shall have no not exercise any right of subrogation against Seller Borrowers or Buyer and no Lender nor shall it exercise any 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 Lender under) any applicable law, including any bankruptcy or insolvency law; and (b) all amounts due under the Transaction Loan Documents have been paid in full; full and (c) all periods within which such payment may be set aside or invalidated have expired other performance required under the Loan Documents has been rendered in full to Lender (such deferral of Guarantor’s 's subrogation and contribution rights, the "Subrogation Deferral").

Appears in 1 contract

Samples: Kranzco Realty Trust

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