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), each Borrower agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation of such Borrower, then 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 (b) in the event any assets of any Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligation or Senior Note Obligation of such Borrower, then such Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: And Collateral Agreement (Fisher Scientific International Inc)

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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), each the Borrower agrees that (a) in the event a payment of any Secured Obligation shall be made by any Subsidiary Guarantor under this Agreement in respect of any Obligation of such BorrowerAgreement, then such the 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 to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an any Secured Obligation or Senior Note Obligation of such Borrowerowed to any Secured Creditor, then such the Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Credit Agreement (Semtech Corp)

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), each the Borrower agrees that (a) in the event a payment of any Obligation shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerAgreement, then such the 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 Grantor Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an any Obligation or Senior Note Obligation of such Borrowerowed to any Secured Creditor, then such the Borrower shall indemnify such Grantor Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (WESTMORELAND COAL Co)

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), each the Borrower agrees that (a) in the event a payment in respect of any Secured Obligation shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerAgreement, then such the 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 Grantor shall be sold pursuant to this Agreement or any other Security Collateral Document to satisfy in whole or in part an Obligation or Senior Note Obligation of such Borrowerany Secured Obligation, then such the Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Term Credit Agreement (Fossil Group, Inc.)

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), each Borrower agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation of (other than such Borrower) under the Guaranty, then such each 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 Grantor Guarantor (other than such Borrower) shall be sold or otherwise disposed of pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligation or Senior Note Obligation a claim of such Borrowerany Secured Party, then such each Borrower shall indemnify such Grantor Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Pledge Agreement (Great Atlantic & Pacific Tea Co Inc)

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), each the 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 Obligation of such BorrowerAgreement, then such the 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 Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligation or Senior Note Obligation of such Borrowerany Obligation, then such the Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold. SECTION 6.02.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement

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 6.038.3), each Borrower of the Borrowers agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation on behalf of such Borrower, then 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 (b) in the event any assets of any Grantor Guarantor shall be sold pursuant to this Agreement or any other Security Loan Document to satisfy in whole or in part an Obligation or Senior Note Obligation a claim of such Borrowerany Secured Party, then such Borrower shall indemnify such Grantor Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Intercreditor Agreement (Forterra, Inc.)

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), each the 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 Obligation of such BorrowerAgreement, then such the 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 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 Obligation or Senior Note Obligation of such Borrowerany Obligation, then such the Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or and the fair market value of the assets so sold.

Appears in 1 contract

Samples: Credit Agreement (Navistar International Corp)

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), each the Borrower agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerObligation, then such the 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 Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligation or Senior Note Obligation of such Borrowerowed to any Secured Party, then such the Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Loan Agreement (Supermedia Inc.)

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), each the Borrower agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerObligation, then such the 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 Grantor Guarantor shall be sold pursuant to this Agreement or any other Security Loan Document to satisfy in whole or in part an Obligation or Senior Note Obligation of such BorrowerObligation, then such the Borrower shall indemnify such Grantor Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrower) of the assets so sold.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Dennys Corp)

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), each Borrower the Company agrees that (a) in the event a payment in respect of any Secured Obligation shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerAgreement, then such Borrower the 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 Grantor shall be sold pursuant to this Agreement or any other Security Collateral Document to satisfy in whole or in part an Obligation or Senior Note Obligation of such Borrowerany Secured Obligation, then such Borrower the Company shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Intercreditor Agreement (Ascena Retail Group, Inc.)

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 6.038.3), each the Borrower agrees that (a) in the event a payment of any Secured Obligation shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerAgreement, then such the 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 Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an any Secured Obligation or Senior Note Obligation of such Borrowerowed to any Secured Party, then such the Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Guarantee and Security Agreement (21st Century Oncology Holdings, Inc.)

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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), each 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 Obligation of such BorrowerAgreement, then such Borrower 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 Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligation or Senior Note Obligation of such Borrowerany Obligation, then such Borrower the Borrowers shall jointly and severally indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Affinia Group Intermediate Holdings Inc.)

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 6.037.03), each Borrower agrees that (a) in the event a payment in respect of any Secured Obligation of such Borrower shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerAgreement, then 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 (b) in the event any assets of any Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an Obligation or Senior Note any Secured Obligation of such any Borrower, then such Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Credit Agreement (Murphy USA Inc.)

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 6.033.03), each the Borrower agrees that (a) in the event a payment in respect of any Guaranteed Obligation of the Borrower shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerAgreement, then such the 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 Grantor Guarantor shall be sold pursuant to this Agreement or any other Security Loan Document to satisfy in whole or in part an Obligation or Senior Note any Guaranteed Obligation of such the Borrower, then such the Borrower shall indemnify such Grantor Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Guarantee Agreement (Hess Midstream Partners LP)

Indemnity and Subrogation. In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law Applicable Law (but subject to Section 6.03), each the Borrower agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerObligation, then such the 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 Grantor Guarantor shall be sold pursuant to this Agreement or any other Security Loan Document to satisfy in whole or in part an Obligation or Senior Note Obligation of such BorrowerObligation, then such the Borrower shall indemnify such Grantor Guarantor in an amount equal to the greater of the book value or the fair market value (as reasonably determined by the Borrower) of the assets so sold.. Section 6.02

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (DENNY'S Corp)

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 6.039.10), each Borrower the Company agrees that (a) in the event a payment in respect of any Guaranteed Obligation or Obligation shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerAgreement, then such Borrower the 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 Grantor Guarantor shall be sold pursuant to this Agreement or any other Security Collateral Document to satisfy in whole or in part an any Guaranteed Obligation or Senior Note Obligation of such Borrowerowed to any Secured Party, then such Borrower the Company shall indemnify such Grantor Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Credit Agreement (Brunswick Corp)

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), each the Borrower agrees that (a) in the event a payment of an obligation shall be made by any Guarantor under this Agreement in respect of any Obligation of such BorrowerAgreement, then such the 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 Grantor shall be sold pursuant to this Agreement or any other Security Collateral Document to satisfy in whole or in part an Obligation or Senior Note Obligation of such Borrowerobligation owed to any Secured Party, then such the Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Assignment and Assumption (Fleetcor Technologies Inc)

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), each the 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 Obligation of such BorrowerAgreement, then such the 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 Grantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part an any Obligation or Senior Note Obligation of such Borrowerowed to any Secured Party, then such the Borrower shall indemnify such Grantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

Appears in 1 contract

Samples: Credit Agreement (Palm Inc)

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