No Subrogation, etc. Notwithstanding any payment or payments made by Viacom hereunder, or any setoff or application of funds of Viacom by the Administrative Agent or any Lender, Viacom shall not be entitled to be subrogated to any of the rights of the Administrative Agent or any Lender against any Subsidiary Borrower or against any collateral security or guarantee or right of offset held by the Administrative Agent or any Lender for the payment of the Subsidiary Borrower Obligations, nor shall Viacom seek or be entitled to seek any contribution, reimbursement, exoneration or indemnity from or against any Subsidiary Borrower in respect of payments made by Viacom hereunder, until all amounts owing to the Administrative Agent and the Lenders by the Subsidiary Borrowers on account of the Subsidiary Borrower Obligations are paid in full and the Commitments are terminated. So long as the Subsidiary Borrower Obligations remain outstanding, if any amount shall be paid by or on behalf of any Subsidiary Borrower or any other Person to Viacom on account of any of the rights waived in this Section 8.1, such amount shall be held by Viacom in trust, segregated from other funds of Viacom, and shall, forthwith upon receipt by Viacom, be turned over to the Administrative Agent in the exact form received by Viacom (duly indorsed by Viacom to the Administrative Agent, if required), to be applied against the Subsidiary Borrower Obligations, whether matured or unmatured, in such order as the Administrative Agent may determine.
No Subrogation, etc. Notwithstanding any payment or payments made by CBS Operations hereunder, or any setoff or application of funds of CBS Operations by the Administrative Agent or any Lender, CBS Operations shall not be entitled to be subrogated to any of the rights of the Administrative Agent or any Lender against CBS or against any collateral security or guarantee or right of offset held by the Administrative Agent or any Lender for the payment of the CBS Obligations, nor shall CBS Operations seek or be entitled to seek any contribution, reimbursement, exoneration or indemnity from or against CBS in respect of payments made by CBS Operations hereunder, until all amounts owing to the Administrative Agent and the Lenders by CBS on account of the CBS Obligations are paid in full and the Commitments are terminated. So long as the CBS Obligations remain outstanding, if any amount shall be paid by or on behalf of CBS or any other Person to CBS Operations on account of any of the rights waived in this Section 8.2, such amount shall be held by CBS Operations in trust, segregated from other funds of CBS Operations, and shall, forthwith upon receipt by CBS Operations, be turned over to the Administrative Agent in the exact form received by CBS Operations (duly indorsed by CBS Operations to the Administrative Agent, if required), to be applied against the CBS Obligations, whether matured or unmatured, in such order as the Administrative Agent may determine.
No Subrogation, etc. Guarantor waives and shall not seek to exercise any of the following rights that it may have against Borrower, any other guarantor, or any collateral provided by Borrower or any other guarantor, for any amounts paid by it, or acts performed by it, under this Guaranty:
No Subrogation, etc. This Agreement guarantees the payment by Guarantor of any and all amounts due or owing at any time by Tag-It with respect to any and all of the Obligations notwithstanding any payments made or any settlement of account or any other thing whatsoever; and, subject to the provisions of this Section 6, no payments made by or on behalf of Guarantor shall discharge, diminish or otherwise affect the continuing liability of Guarantor hereunder or otherwise unless and until each of the Obligations has been fully, effectively, irrevocably and finally paid, performed and satisfied, and all time periods have expired within which any court of competent jurisdiction, including any foreign court of competent jurisdiction, could order any payment relating to the Obligations to be disgorged, repaid, recovered or paid into court. Guarantor hereby waives all right of subrogation and all benefit of or right to participate in any security now or hereafter held by Dyne or any other Person for the payment, performance or satisfaction of any of the Obligations or otherwise. Notwithstanding anything to the contrary in this Agreement, the Promissory Note, the Security Agreement or any other agreement to which Guarantor is a party, Guarantor hereby: (a) expressly and irrevocably waives, to the fullest extent possible, on behalf of itself and its successors and assigns (including any surety) and any other Person, any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set off or to any other rights that could accrue to a surety against a principal, to a guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which Guarantor may have or hereafter acquire against Tag-It or any Person in connection with or as a result of Guarantor's execution, delivery and/or performance of this Agreement, (b) acknowledges and agrees (i) that this waiver is intended to benefit Dyne and shall not limit or otherwise affect Guarantor's liability hereunder or the enforceability of this Agreement, and (ii) that Dyne and his respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this sentence and their rights under this sentence shall survive payment and performance in full of the Obligations. If a claim is made upon any Person at any time for...
No Subrogation, etc. The Guarantor agrees that it shall have no right of subrogation, contribution or reimbursement against the Borrower or any other Guarantor by reason of this Guaranty or by any payment made hereunder until the date upon which all the Commitments under the Credit Agreement have been terminated, all Loans thereunder have been repaid in full, all Letters of Credit issued under the Credit Agreement have been terminated (or cash collateralized or back-stopped in a manner satisfactory to the Issuer in its reasonable discretion) and all Secured Obligations outstanding under each of the Financing Documents then due and payable have been paid in full (the “Termination Date”).
No Subrogation, etc. Except as provided in Section 12.8 hereof, each Guarantor waives and relinquishes any and all rights which it may acquire by way of subrogation, contribution or reimbursement by reason of this Guaranty or by any payment made hereunder until the Obligations have been paid in full.
No Subrogation, etc. Except as provided in Section 12 hereof, the Guarantor waives and
No Subrogation, etc. Except as provided in Section 6.03(a), no TBG Shareholder shall have any rights whatsoever against any of the TBG Companies or the CCBG 50 Companies, by way of subrogation or otherwise, for contribution 44 or indemnity or any other payment whatsoever for any reduction to the Exchange Consideration that may occur under this Article VI.
No Subrogation, etc. Except as provided in Section 10.8 hereof, the Company and each Guarantor waive and relinquish any and all rights which they may acquire by way of subrogation, contribution or reimbursement by reason of this Guaranty or by any payment made hereunder until the Obligations have been paid in full.
No Subrogation, etc. Each Guarantor hereby agrees not to exercise any rights of subrogation which it may at any time otherwise have as a result of this Guaranty (whether contractual, under Section 509 of the Bankruptcy Code, or otherwise) to the claims of Lender against Borrower, the other Guarantor or any other guarantor of the Obligations (collectively, the "OTHER PARTIES") and all contractual, statutory or common law rights of reimbursement, contribution or indemnity from any Other Party which it may at any time otherwise have as a result of this Guaranty, until the Obligations have been indefeasibly paid in full and the Commitments have terminated. Each Guarantor hereby further agrees not to exercise until such time any right to enforce any other remedy which Lender now have or may hereafter have against any Other Party, any endorser or any other guarantor of all or any part of the indebtedness of Borrower and any benefit of, and any right to participate in, any security or collateral given to or for the benefit of Lender to secure payment of the indebtedness of Borrower. Each Guarantor also waives all claims (as such term is defined in the Bankruptcy Code) it may at any time otherwise have against any Other Party arising from any transaction whatsoever, including without limitation its right to assert or enforce any such claims.
