Common use of Indemnity and Subrogation Clause in Contracts

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.03), the Borrowers agree that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation, the Borrowers shall, jointly and severally, indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligation, the Borrowers shall, jointly and severally, indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.035.03), the Borrowers agree Borrower agrees that (a) in the event a payment in respect of any Obligation shall be made by any Guarantor under this Agreement in respect of any ObligationAgreement, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor Grantor (other than the Borrower) shall be sold pursuant to this Agreement or any other Security Collateral Document to satisfy in whole or in part an any Obligation, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor Grantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.036.03 hereof), the Borrowers agree Borrower agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any ObligationObligation of the Borrower, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an ObligationObligation of the Borrower, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Subsidiary Guarantors may have under applicable law (but subject to Section 6.033), the Borrowers GrafTech and Finance agree that (a) in the event a payment shall be made by any Subsidiary Guarantor under this Agreement in respect of any Obligationthe Guarantee Agreement, the Borrowers shall, jointly GrafTech and severally, Finance shall indemnify such Subsidiary Guarantor for the full amount of such payment and such Subsidiary Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Subsidiary Guarantor shall be sold pursuant to this Agreement any applicable security agreement or any other Security Document similar instrument or agreement to satisfy in whole or in part an Obligationa claim of any Secured Party, the Borrowers shall, jointly GrafTech and severally, Finance shall indemnify such Subsidiary Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.035.03 in respect of any payment hereunder), the Borrowers agree Borrower agrees that (a) in the event a payment in respect of any Obligation shall be made by any Guarantor under this Agreement in respect of any ObligationAgreement, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor or Grantor shall be sold pursuant to this Agreement, the Pledge Agreement or any other Security Document to satisfy in whole or in part an any Obligation or any Shared Pledge Obligation, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor or Grantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.036.03 in respect of any payment hereunder), the Borrowers agree Borrower agrees that (a) in the event a payment in respect of any obligation shall be made by any Guarantor under this Agreement in respect of any ObligationAgreement, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an ObligationObligation owed to any Secured Party, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor Grantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Subsidiary Guarantors may have under applicable law (but subject to Section 6.031.07 above), the Borrowers agree Borrower agrees that (ai) in the event a payment shall be made by any Subsidiary Guarantor under this Agreement in respect of any ObligationAgreement, the Borrowers shall, jointly and severally, Borrower shall indemnify such Subsidiary Guarantor for the full amount of such payment and such Subsidiary Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (bii) in the event any assets of any Subsidiary Guarantor shall be sold pursuant to this Agreement or any other Security Collateral Document to satisfy in whole or in part an Obligationa claim of any Finance Party, the Borrowers shall, jointly and severally, Borrower shall indemnify such Subsidiary Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.03), the Borrowers agree that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation, the Borrowers shall, jointly and severally, indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligation, the Borrowers shall, jointly and severally, indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.0310.09), the Borrowers agree that (a) in the event a payment of an obligation shall be made by any Guarantor under this Agreement in respect of any Obligation, the Borrowers shall, jointly and severally, indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligationobligation, the Borrowers shall, jointly and severally, shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors Guarantor may have under applicable law (but subject to Section 6.035.03), the Borrowers agree Guarantor and each Borrower agrees that (a) in the event a payment in respect of the Obligations shall be made by any the Guarantor under this Agreement in respect of any ObligationAgreement, such Borrower or Borrowers, shall indemnify the Borrowers shall, jointly and severally, indemnify such Guarantor for the full amount of such payment and such the Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligationthe Obligations of any Borrower under the Note, the Borrowers shallsuch Borrower or Borrowers, jointly and severally, shall indemnify such Guarantor Grantor (other than if such Obligation is an obligation of such Grantor) in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold. SECTION 5.02.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.03), the Borrowers Issuers agree that (a) in the event a payment in respect of any obligation shall be made by any Guarantor under this Agreement in respect of any Obligationthe Indenture or the Revolving Facility Agreement, the Borrowers shall, jointly and severally, Issuers shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligationany Obligation owed to any Secured Party, the Borrowers shall, jointly and severally, Issuers shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.03)SECTION 3.03. ) in respect of any payment hereunder, the Borrowers agree Borrower agrees that (a) in the event a payment of any obligation of the Borrower shall be made by any Guarantor under this Agreement in respect of any ObligationAgreement, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligationa Secured Obligation (as defined in the Security Agreement) owed to any Credit Party, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.036(c)), the Borrowers agree Borrower agrees that (ai) in the event a payment shall be made by any Guarantor under this Agreement Guaranty in respect of any Guaranteed Obligation, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (bii) in the event any assets of any Guarantor shall be sold pursuant to this Agreement Guaranty or any other Security Document to satisfy in whole or in part an a Guaranteed Obligation, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.036(c)), the Borrowers agree Borrower agrees that (ai) in the event a payment shall be made by any Guarantor under this Agreement Guaranty in respect of any ObligationObligation of the Borrower, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (bii) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document Guaranty to satisfy in whole or in part an Obligationobligation of the Borrower under the Note, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.033), the Borrowers agree Borrower agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligationthe Subsidiary Guarantee Agreement, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor for the full amount of such payment and and, until such indemnification obligation shall have been satisfied, such Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document Collateral Documents to satisfy in whole or in part an Obligationa claim of any Obligee, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.036(c)), the Borrowers agree Borrower agrees that (ai) in the event a payment shall be made by any Guarantor under this Agreement Guaranty in respect of any Guaranteed Obligation, the Borrowers shall, jointly and severally, such Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (bii) in the event any assets of any Guarantor shall be sold pursuant to this Agreement Guaranty or any other Security Document to satisfy in whole or in part an a Guaranteed Obligation, the Borrowers shall, jointly and severally, such Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.03)3.03) in respect of any payment hereunder, the Borrowers agree Borrower agrees that (a) in the event a payment in respect of any obligation of the Borrower shall be made by any Guarantor under this Agreement in respect of any ObligationAgreement, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor (other than the Borrower) shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligationany Secured Obligations owed to any Secured Party, the Borrowers shall, jointly and severally, Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.036(c)), the Borrowers agree each Borrower agrees that (ai) in the event a payment shall be made by any Guarantor under this Agreement Guaranty in respect of any ObligationObligation of such Borrower, the Borrowers shall, jointly and severally, such Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (bii) in the event any assets of any Guarantor shall be sold pursuant to this Agreement Guaranty or any other Security Document to satisfy in whole or in part an ObligationObligation of any Borrower, the Borrowers shall, jointly and severally, such Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Subsidiary Guarantors may have under applicable law Law (but subject to Section 6.03SECTION 1.07 above), each of the Borrowers agree agrees that (ai) in the event a payment shall be made by any Subsidiary Guarantor under this Agreement in respect Agreement, each of any Obligation, the Borrowers shall, jointly and severally, indemnify such Subsidiary Guarantor for the full amount of such payment and such Subsidiary Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (bii) in the event any assets of any Subsidiary Guarantor shall be sold pursuant to this Agreement or any other Security Collateral Document to satisfy in whole or in part an Obligationa claim of any Finance Party, the Borrowers shall, jointly and severally, indemnify such Subsidiary Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but in each case subject to Section 6.03), the Borrowers agree Company agrees that (a) in the event a payment of any Initial Additional First-Lien Obligation shall be made by any Guarantor under this Agreement in respect of any ObligationAgreement, the Borrowers shall, jointly and severally, Company shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Initial Additional First-Lien Document to satisfy in whole or in part an Obligationany Initial Additional First-Lien Obligation owed to any Secured Party, the Borrowers shall, jointly and severally, Company shall indemnify such Guarantor in an amount equal to the greater of the book fair value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.037.8), the Borrowers agree that (ai) in the event a payment shall be made by any Guarantor under this Agreement Guaranty in respect of any ObligationGuaranteed Obligation of the Borrowers, the Borrowers shall, jointly and severally, shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (bii) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Collateral Document to satisfy in whole or in part an Obligationa Guaranteed Obligation of the Borrowers, the Borrowers shall, jointly and severally, shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.036(c)), the Borrowers agree that (ai) in the event a payment shall be made by any Guarantor under this Agreement Guaranty in respect of any ObligationGuaranteed Obligation of any Borrower, the Borrowers shall, jointly and severally, shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (bii) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligationa Guaranteed Obligation of the Borrowers, the Borrowers shall, jointly and severally, shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6.036(c)), the Borrowers agree each Borrower agrees that (ai) in the event a payment shall be made by any Guarantor under this Agreement Guaranty in respect of any Guaranteed Obligation, the Borrowers shall, jointly and severally, such Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person person to whom such payment shall have been made to the extent of such payment and (bii) in the event any assets of any Guarantor shall be sold pursuant to this Agreement Guaranty or any other Security Document to satisfy in whole or in part an a Guaranteed Obligation, the Borrowers shall, jointly and severally, such Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrowers) of the assets so sold.