Common use of Postponement of Subrogation, etc Clause in Contracts

Postponement of Subrogation, etc. The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each Borrower and each other Obligor, the termination or expiration of all Letters of Credit and the termination of all Commitments. Any amount paid to the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each Borrower and each other Obligor, the termination or expiration of all Letters of Credit and the termination of all Commitments. Any amount paid to the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each the Borrower and each other Obligor, the termination or expiration of all Letters of Credit and the termination of all Commitments. Any amount paid to the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash immediately available funds of all Obligations of each the Borrower and each other Obligor, the termination or expiration of all Letters of Credit Credit, and the termination of all Commitments. Any amount paid to the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each immediately available funds Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each Borrower and each other ObligorObligations, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior indefeasible payment in full in cash of all Obligations of each the Borrower and each other Obligor, the termination or expiration of all Letters of Credit Obligor and the termination of all Commitments. Any amount paid to the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Each Guarantor hereby agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash cash, of all Obligations of each the Borrower and each other Obligor, the termination or expiration of all Letters of Credit Credit, the termination of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to the any Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each Borrower Foamex and each other Obligor, the termination or expiration of all Letters of Credit and the termination of all Commitments. Any amount paid to the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each Borrower Foamex and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each Borrower Foamex and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each Borrower GFI and each other Obligor, the termination or expiration of all Letters of Credit and the termination of all Commitments. Any amount paid to the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each Borrower GFI and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each Borrower GFI and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Each Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each the Borrower and each other Obligor, the termination or expiration of all Letters of Credit Credit, the termination of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to the such Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, otherwise (not including payments expressly permitted to be made under the Credit Agreement) until the prior payment payment, in full and in cash cash, of all Obligations of each the Borrower and each other Obligor, the termination or expiration of all Letters of Credit Credit, the termination of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Each Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash immediately available funds of all Obligations of each the Borrower and each other Obligor, the termination or expiration of all Letters of Credit and the termination of all Commitments. Any amount paid to the such Guarantor on account of any such subrogation rights prior to the payment in full in cash immediately available funds of all Obligations of each the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each Borrower and each other ObligorObligations, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Each Affiliate Guarantor hereby agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each Borrower and each other ObligorGuaranteed Obligations, until the termination or expiration prior payment in full in cash of all Letters obligations of Credit such Affiliate Guarantor hereunder and the termination of all Term Loan Commitments. Any amount paid to the any Affiliate Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Guaranteed Obligations of each Borrower and each other Obligor shall be held in trust for the benefit of the Secured Lender Parties and each holder of a Term Note and shall immediately be paid to the Collateral Administrative Agent for the benefit of the Secured Lender Parties and each holder of a Term Note and credited and applied against the Obligations of each Borrower and each other ObligorGuaranteed Obligations, whether matured or unmatured, in accordance with the terms of the Credit Term Loan Agreement; provided, however, that if

Postponement of Subrogation, etc. The Each Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each Borrower and each other Obligor, the termination or expiration of all Letters of Credit and the termination of all Commitments. Any amount paid to the any Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. The Each Subsidiary Guarantor hereby agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each Borrower and each other ObligorGuaranteed Obligations, until the termination or expiration prior payment in full in cash of all Letters obligations of Credit such Subsidiary Guarantor hereunder and the termination of all Term Loan Commitments. Any amount paid to the any Subsidiary Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Guaranteed Obligations of each Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Term Note and shall immediately be paid to the Collateral Administrative Agent for the benefit of the Secured Parties and each holder of a Term Note and credited and applied against the Obligations of each Borrower and each other ObligorGuaranteed Obligations, whether matured or unmatured, in accordance with the terms of the Credit Term Loan Agreement; provided, however, that if

Postponement of Subrogation, etc. The Each Guarantor hereby agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under this Guaranty, by any payment made hereunder or otherwise, until the prior payment in full in cash of all Obligations of each the Borrower and each other Obligor, the termination or expiration of all Letters of Credit Credit, and the termination of all Commitments. Any amount paid to the any Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of each the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Collateral Facility Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of each the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of the Credit Agreement; providedPROVIDED, howeverHOWEVER, that if