LIMITATION ON SUBROGATION. Until the Termination Date, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to Lender’s rights against Borrower or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender against Borrower or any security which Lender now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Lender and shall forthwith pay over to Lender such funds and/or property to be applied by Lender to the Liabilities.
Appears in 18 contracts
Samples: Senior Secured Revolving Credit Facility Agreement (Revolutionary Concepts Inc), Guaranty Agreement (Medytox Solutions, Inc.), Guaranty Agreement (Medytox Solutions, Inc.)
LIMITATION ON SUBROGATION. Until the Termination Date, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to LenderBuyer’s rights against Borrower Company or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender Buyer against Borrower Company or any security which Lender Buyer now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Lender Buyer and shall forthwith pay over to Lender Buyer such funds and/or property to be applied by Lender Buyer to the Liabilities.
Appears in 5 contracts
Samples: Guaranty Agreement (Rennova Health, Inc.), Guaranty Agreement (Medytox Solutions, Inc.), Securities Purchase Agreement (Preferred Restaurant Brands, Inc.)
LIMITATION ON SUBROGATION. Until the Termination Date, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to Lender’s rights against Borrower or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender against Borrower or any security which Lender now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, the Guarantor shall hold such funds or property in trust for Lender and shall forthwith pay over to Lender such funds and/or property to be applied by Lender to the LiabilitiesObligations.
Appears in 4 contracts
Samples: Guaranty Agreement (SRAX, Inc.), Settlement and General Release Agreement (Ronco Brands, Inc.), Guaranty Agreement (Ronco Brands, Inc.)
LIMITATION ON SUBROGATION. Until such time as the Termination DateLiabilities are indefeasibly paid in full in cash, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to Lender’s Lenders’ rights against Borrower or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender Lenders against Borrower or any security which Lender now has or Lenders may hereafter acquiresacquire, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Lender Lenders and shall forthwith pay over to Lender Agent such funds and/or property to be applied by Lender Agent to the Liabilities.
Appears in 3 contracts
Samples: Guaranty Agreement (Avatar Holdings Inc), Guaranty Agreement (Avatar Holdings Inc), Guaranty Agreement (Avatar Holdings Inc)
LIMITATION ON SUBROGATION. Until the Termination Date, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to LenderBuyer’s rights against Borrower Company or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender Buyer against Borrower Company or any security which Lender Buyer now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, Guarantor shall hold such funds or property in trust for Lender Buyer and shall forthwith pay over to Lender Buyer such funds and/or property to be applied by Lender Buyer to the LiabilitiesObligations.
Appears in 3 contracts
Samples: Guaranty Agreement (Jupiter Wellness, Inc.), Guaranty Agreement (Mota Group, Inc.), Guaranty Agreement (Star Mountain Resources, Inc.)
LIMITATION ON SUBROGATION. Until the Termination Date, each Guarantor waives any present or future right to which Guarantor is Guarantors are or may become entitled to be subrogated to Lender’s rights against Borrower Company or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender against Borrower Company or any security which Lender now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to any Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, Guarantor the Guarantors shall hold such funds or property in trust for Lender and shall forthwith pay over to Lender such funds and/or property to be applied by Lender to the LiabilitiesObligations.
Appears in 2 contracts
Samples: Guaranty Agreement (Pulse Network, Inc.), Guaranty Agreement (Pulse Network, Inc.)
LIMITATION ON SUBROGATION. Until the Termination Date, each Guarantor waives any present or future right to which such Guarantor is or may become entitled to be subrogated to LenderBuyer’s rights against Borrower Company or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender Buyer against Borrower Company or any security which Lender Buyer now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to any Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, such Guarantor shall hold such funds or property in trust for Lender Buyer and shall forthwith pay over to Lender Buyer such funds and/or property to be applied by Lender Buyer to the LiabilitiesObligations.
Appears in 2 contracts
Samples: Guaranty Agreement (Fat Brands, Inc), Guaranty Agreement (SurePure, Inc.)
LIMITATION ON SUBROGATION. Until the Termination Date, each Guarantor waives any present or future right to which Guarantor is Guarantors are or may become entitled to be subrogated to Lender’s rights against Borrower or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender against Borrower or any security which Lender now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to any Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, Guarantor the Guarantors shall hold such funds or property in trust for Lender and shall forthwith pay over to Lender such funds and/or property to be applied by Lender to the LiabilitiesObligations.
Appears in 2 contracts
Samples: Senior Secured Credit Facility Agreement (Drone USA Inc.), Guaranty Agreement (Sack Lunch Productions Inc.)
LIMITATION ON SUBROGATION. Until the Termination Date, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to Lender’s Buyers’ rights against Borrower Company or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender Buyers against Borrower Company or any security which Lender Buyers now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Lender Buyers and shall forthwith pay over to Lender Buyers such funds and/or property to be applied by Lender Buyers to the Liabilities.
Appears in 1 contract
LIMITATION ON SUBROGATION. Until the Termination Date, each Guarantor waives any present or future right to which each Guarantor is or may become entitled to be subrogated to LenderBuyer’s rights against Borrower Company or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender Buyer against Borrower Company or any security which Lender Buyer now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to each Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, each Guarantor shall hold such funds or property in trust for Lender Buyer and shall forthwith pay over to Lender Buyer such funds and/or property to be applied by Lender Buyer to the LiabilitiesObligations.
Appears in 1 contract
LIMITATION ON SUBROGATION. Until the Termination Date, each Guarantor waives any present or future right to which such Guarantor is or may become entitled to be subrogated to LenderBuyer’s rights against Borrower Company or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender Buyer against Borrower Company or any security which Lender Buyer now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to a Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, such Guarantor shall hold such funds or property in trust for Lender Buyer and shall forthwith pay over to Lender Buyer such funds and/or property to be applied by Lender Buyer to the LiabilitiesObligations.
Appears in 1 contract
LIMITATION ON SUBROGATION. Until such time as the Termination DateLiabilities are paid in full, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to Lender’s rights against Borrower or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender against Borrower or any security which Lender now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Lender and shall forthwith pay over to Lender such funds and/or property to be applied by Lender to the Liabilities.
Appears in 1 contract
Samples: Guaranty Agreement (Comstock Homebuilding Companies, Inc.)
LIMITATION ON SUBROGATION. Until the Termination Date, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to Lender’s rights against Borrower any Credit Parties or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender against Borrower any Credit Parties or any security which Lender now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, the Guarantor shall hold such funds or property in trust for Lender and shall forthwith pay over to Lender such funds and/or property to be applied by Lender to the LiabilitiesObligations.
Appears in 1 contract
LIMITATION ON SUBROGATION. Until such time as the Termination Date, Liabilities are paid in full. Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to Lender’s Bank's rights against Borrower or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender Bank against Borrower or any security which Lender Bank now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Lender Bank and shall forthwith pay over to Lender Bank such funds and/or property to be applied by Lender Bank to the Liabilities.
Appears in 1 contract
Samples: Construction Loan Agreement (Arvida JMB Partners L P)
LIMITATION ON SUBROGATION. Until such time as the Termination DateLiabilities are indefeasibly paid in full in cash and all Credits have expired or terminated, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to Lender’s rights against Borrower or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender against Borrower or any security which Lender now has or may hereafter acquiresacquire, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Lender and shall forthwith pay over to Lender Leander such funds and/or property to be applied by Lender to the Liabilities.
Appears in 1 contract
LIMITATION ON SUBROGATION. Until the Termination Date, Guarantor Guarantors waives any present or future right to which Guarantor Guarantors is or may become entitled to be subrogated to LenderBuyer’s rights against Borrower Company or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender Buyer against Borrower Company or any security which Lender Buyer now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor Guarantors on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, Guarantor Guarantors shall hold such funds or property in trust for Lender Buyer and shall forthwith pay over to Lender Buyer such funds and/or property to be applied by Lender Buyer to the LiabilitiesObligations.
Appears in 1 contract
LIMITATION ON SUBROGATION. Until such time as the Termination DateLiabilities are paid in full, Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to Lender’s the Lenders’ rights against Borrower or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender the Lenders against Borrower or any security which Lender the Lenders now has have or hereafter acquiresacquire, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities have not been paid in full, Guarantor shall hold such funds or property in trust for Lender the Lenders and shall forthwith pay over to Lender the Lenders such funds and/or property to be applied by Lender the Lenders to the Liabilities.
Appears in 1 contract
Samples: Guaranty Agreement (Igi Inc)
LIMITATION ON SUBROGATION. Until the Termination Date, each Guarantor waives any present or future right to which such Guarantor is or may become entitled to be subrogated to Lendereach Buyer’s rights against Borrower Company or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of Lender a Buyer against Borrower Company or any security which Lender a Buyer now has or hereafter acquires, whether or not such claim, right or remedy arises under contract, in equity, by statute, under common law or otherwise. If, notwithstanding such waiver, any funds or property shall be paid or transferred to a Guarantor on account of such subrogation, contribution, reimbursement, or indemnification at any time when all of the Liabilities Obligations have not been paid in full, such Guarantor shall hold such funds or property in trust for Lender Buyers and shall forthwith pay over to Lender Buyers such funds and/or property to be applied by Lender Buyers to the LiabilitiesObligations.
Appears in 1 contract
Samples: Guaranty Agreement (LifeMD, Inc.)