No Right of Subrogation. Guarantor hereby acknowledges that it will not be entitled to reimbursement or distribution from Developer or another guarantor on account of any sums paid by them pursuant to this Guaranty. Guarantor hereby acknowledges and agrees that Guarantor shall not have any right of subrogation by reason of payments or performance in compliance with the terms of this Guaranty, any such right being hereby expressly waived and relinquished. For so long as the Guaranteed Obligations or any obligations under the PDA, Construction and Use Covenant, and Affordability Covenant remain outstanding, Guarantor waives and releases any claim (within the meaning of 11 U.S.C. § 101) which Guarantor may have against Developer or another Guarantor arising from a payment made by such Guarantor under this Guaranty and agrees not to assert or take advantage of any subrogation rights of Guarantor or any right of Guarantor to proceed against Developer or another guarantor for reimbursement. It is expressly understood that the waivers and agreements of Guarantor set forth above constitute additional and cumulative benefits given to District for its security and as an inducement for it to enter into the PDA with Developer.
No Right of Subrogation. Unless and until all Obligations of Borrower under the Loan Documents have been irrevocably and indefeasibly paid in full, performed and discharged, and the Lenders no longer have any obligation to make Advances, Guarantor waives and agrees not to enforce any claim, right or remedy which Guarantor may now have or hereafter acquires against the Borrower that arises hereunder and/or from the payment or performance by Guarantor of the Guaranteed Obligations, whether or not any such claim, right or remedy arises in equity, under contract, by statute or otherwise, including: (i) any right of Guarantor to be subrogated in whole or in part to any claim, right or remedy of Administrative Agent or any Lender; (ii) any claim, right or remedy of reimbursement, exoneration, contribution or indemnification from the Borrower or participation in any claim, right or remedy of Administrative Agent or any Lender against the Borrower, any security which Administrative Agent or any Lender now has or hereafter acquires; and (iii) any right to require the marshalling of assets of the Borrower. Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by the Loan Agreement and that the waivers set forth in this Paragraph are knowingly made in contemplation of such benefits.
No Right of Subrogation. Until all sums which are guaranteed hereunder have been discharged and satisfied in full the Guarantor shall not:
2.11.1 be subrogated to any rights of Alcatel arising in respect of the Facility Documents, or in respect of any proof in the Dissolution of the Company, or otherwise howsoever or
2.11.2 in respect of any moneys payable or paid under this Deed, seek to enforce repayment from the Company or any other surety, whether by subrogation, indemnity, contribution or otherwise, or to exercise any other right, claim or remedy of any kind which may accrue to it in respect of the amount so paid or payable or
2.11.3 claim payment of any other moneys for the time being due to it by the Company or any other surety on any account whatsoever, or exercise any other right, claim or remedy which it has in respect thereof provided that the Guarantor may claim such payments in respect of contracts made in the ordinary course of business of the Company to the extent that such claims do not and cannot reasonably be expected to restrict the Company from making payments due under the Facility Documents or
2.11.4 be entitled to any right of a surety (including any right of contribution from any other surety) discharging, in whole or in part, its liability in respect of the principal debt or
2.11.5 be entitled to have or exercise any right as a surety (including any right of contribution from any other surety) in competition with Alcatel or
2.11.6 claim any set-off or assert any counterclaim against the Company or any other surety in relation to any liability of the Guarantor to the Company or any other surety.
No Right of Subrogation. Guarantor agrees that any rights of subrogation Guarantor may have against Tenant shall be junior and subordinate to any rights Landlord may have against Tenant.
No Right of Subrogation. The Guarantor will not exercise any rights of subrogation which the Guarantor may have unless and until this Agreement shall have been terminated as provided in Section 3.02. If any payment is made to the Guarantor with respect to any payments due by the Guarantor under this Agreement at any time prior to such termination of this Agreement, he will be paid forthwith to the Credit Obligor to be applied to installments due or coming due under the Obligations in the order and the manner provided in the Credit Agreement or otherwise determined by the Credit Obligor.
No Right of Subrogation. Until payment in full of the Guaranteed Obligations, the Guarantors shall have no right of subrogation or indemnification whatsoever, whether by contract, at law, in equity or otherwise, with respect to the Guaranteed Obligations and hereby waive any and all rights of subrogation and indemnification prior to such payment in full and any right to assert or enforce any remedy with respect thereto which the Guarantors or any of them now or hereafter may have against the Maker, any partner (whether general or limited) or member of the Maker and any other person or entity.
No Right of Subrogation. No Credit Party will, nor will it permit any of its Subsidiaries to, assert any right of subrogation or contribution against any other Credit Party or any of their Subsidiaries as long as any Obligation or any Commitment remains outstanding.
No Right of Subrogation. Sellers, individually and on behalf of their Affiliates, hereby release and forever discharge any right of subrogation or other right, claim or cause of action any Seller may have against the Company, its Subsidiary and their respective officers, managers, directors, members of any applicable governing body, securityholders, Affiliates, employees, advisors, representatives and agents and their respective heirs, beneficiaries, successors and assigns arising out of relating to any indemnification or other claim made against Sellers pursuant to or in connection with this Agreement.
No Right of Subrogation. Assert any right of subrogation or contribution against any other Loan Party or any of their Subsidiaries.
No Right of Subrogation. Stockholders, individually and on behalf of their Affiliates, hereby release and forever discharge any right of subrogation or other right, claim or cause of action any Stockholder may have against the Company and their respective officers, managers, directors, members of any applicable governing body, securityholders, Affiliates, employees, advisors, representatives and agents and their respective heirs, beneficiaries, successors and assigns arising out of relating to any indemnification or other claim made against Stockholders pursuant to or in connection with this Agreement.
