No Enforcement of Subrogation. Upon making any payment or performance with respect to any Guaranteed Obligation hereunder, the Guarantor shall be subrogated to the rights of the Company against Parent or Merger Sub solely with respect to such payment or performance; provided that the Guarantor shall not enforce any payment or performance right by way of subrogation until all Guaranteed Obligations have been performed in full and all Guaranteed Obligations which constitute payment obligations have been indefeasibly paid (in cash) and performed in full.
Appears in 2 contracts
Samples: Guaranty (Mazor Robotics Ltd.), Guaranty (Given Imaging LTD)
No Enforcement of Subrogation. Upon making any payment or performance with respect to any Guaranteed Guarantied Obligation hereunder, the Guarantor shall be subrogated to the rights of the Company Purchaser against Parent or Merger Sub solely the Contractor with respect to such payment or performance; provided that the Guarantor shall not enforce any payment or performance right by way of subrogation until all Guaranteed Guarantied Obligations have been performed in full and all Guaranteed Obligations which constitute payment obligations have been indefeasibly paid (in cash) and performed in full.
Appears in 2 contracts
Samples: Project Development and Construction Contract (Global Crossing Holdings LTD), Project Development and Construction Contract (Asia Global Crossing LTD)
No Enforcement of Subrogation. Upon making any payment or performance with respect to any Guaranteed Obligation hereunder, the Guarantor shall be subrogated to the rights of the Company against Parent or Merger Sub solely with respect to such payment or performance; performance; provided that the Guarantor shall not enforce any payment or performance right by way of subrogation until all Guaranteed Obligations have been performed in full and all Guaranteed Obligations which constitute payment obligations have been indefeasibly paid (in cash) and performed in full.
Appears in 1 contract
Samples: Merger Agreement
No Enforcement of Subrogation. Upon making any payment or performance with respect to any Guaranteed Guarantied Obligation hereunder, the Guarantor shall be subrogated to the rights of the Company Grantor against Parent or Merger Sub solely the Subsidiary with respect to such payment or performance; provided that the Guarantor shall not enforce any payment or performance right by way of subrogation until all Guaranteed Guarantied Obligations have been performed in full and all Guaranteed Obligations which constitute payment obligations have been indefeasibly paid (in cash) pain and performed in full.
Appears in 1 contract
Samples: Capacity Purchase Agreement (Worldport Communications Inc)