Common use of LIMITATION ON SUBROGATION Clause in Contracts

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 TCA’s rights against AQLV or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of TCA against AQLV or any security which TCA 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 TCA and shall forthwith pay over to TCA such funds and/or property to be applied by TCA to the Liabilities.

Appears in 2 contracts

Samples: Guaranty Agreement (Aqualiv Technologies, Inc.), Guaranty Agreement (Aqualiv Technologies, Inc.)

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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 TCA’s rights against AQLV RXMD or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of TCA against AQLV RXMD or any security which TCA 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 TCA and shall forthwith pay over to TCA such funds and/or property to be applied by TCA to the Liabilities.

Appears in 1 contract

Samples: Guaranty Agreement (Progressive Care Inc.)

LIMITATION ON SUBROGATION. Until the Termination Date, each Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to TCA’s rights against AQLV CPT or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of TCA against AQLV CPT or any security which TCA 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 have not been paid in full, each Guarantor shall hold such funds or property in trust for TCA and shall forthwith pay over to TCA such funds and/or property to be applied by TCA to the Liabilities.

Appears in 1 contract

Samples: Guaranty Agreement (Cyclone Power Technologies Inc)

LIMITATION ON SUBROGATION. Until the Termination Date, each Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to TCA’s TCA 's rights against AQLV MHCC or to seek contribution, reimbursement, indemnificationindemnification , payment or the like, or participation in any claim, right or remedy of TCA against AQLV MHCC or any security which TCA now has or hereafter acquires, whether or not such claim, right or remedy arises a1ises 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 have not been paid in full, each Guarantor shall hold such funds or property in trust for TCA and shall forthwith pay over to TCA such funds and/or property to be applied by TCA to the Liabilities.

Appears in 1 contract

Samples: Guaranty Agreement (Millennium Healthcare Inc.)

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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 TCA’s 's rights against AQLV Dynamic or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of TCA against AQLV Dynamic or any security which TCA 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 TCA and shall forthwith pay over to TCA such funds and/or property to be applied by TCA to the Liabilities.

Appears in 1 contract

Samples: Guaranty Agreement (Dynamic Ventures Corp.)

LIMITATION ON SUBROGATION. Until the Termination Date, each Guarantor waives any present or future right to which Guarantor is or may become entitled to be subrogated to TCA’s rights against AQLV PSID or to seek contribution, reimbursement, indemnification, payment or the like, or participation in any claim, right or remedy of TCA against AQLV PSID or any security which TCA 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 have not been paid in full, each Guarantor shall hold such funds or property in trust for TCA and shall forthwith pay over to TCA such funds and/or property to be applied by TCA to the Liabilities.

Appears in 1 contract

Samples: Guaranty Agreement (POSITIVEID Corp)

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