Postponement of Subrogation. Only to the extent that, at the relevant time, there are Obligations, or other amounts hereunder, that are then due and payable but unpaid, the Guarantor postpones and subordinates in favor of the Creditor any and all rights which the Guarantor may have to (a) assert any claim against the Supplier based on subrogation rights with respect to payments made by Guarantor hereunder and (b) any realization on any property of the Supplier, including participation in any marshalling of the Supplier’s assets. Upon payment of such due and unpaid Obligations, Creditor agrees that Guarantor shall be subrogated to the rights of Creditor against Supplier to the extent of Guarantor’s payment to Creditor.
Appears in 18 contracts
Samples: Full Requirements Service Agreement, Full Requirements Service Agreement, Full Requirements Service Agreement
Postponement of Subrogation. Only to the extent that, at the relevant time, there are Obligations, or other amounts hereunder, that are then due and payable but unpaid, the Guarantor postpones and subordinates in favor of the Creditor Buyer any and all rights which the Guarantor may have to (a) assert any claim against the Supplier Seller based on subrogation rights with respect to payments made by Guarantor hereunder and (b) any realization on any property of the SupplierSeller, including participation in any marshalling of the SupplierSeller’s assets. Upon payment of such due and unpaid Obligations, Creditor Buyer agrees that Guarantor shall be subrogated to the rights of Creditor Buyer against Supplier Seller to the extent of Guarantor’s payment to CreditorBuyer.
Appears in 8 contracts
Samples: Guaranty Agreement, Alternative Energy Credit Supply Master Agreement, Unconditional Guaranty
Postponement of Subrogation. Only to the extent that, at the relevant time, there are Obligations, or other amounts hereunder, that are then due and payable but unpaid, the Guarantor postpones and subordinates in favor of the Creditor any and all rights which the Guarantor may have to (a) assert any claim against the Supplier Seller based on subrogation rights with respect to payments made by Guarantor hereunder and (b) any realization on any property of the SupplierSeller, including participation in any marshalling of the SupplierSeller’s assets. Upon payment of such due and unpaid Obligations, Creditor agrees that Guarantor shall be subrogated to the rights of Creditor against Supplier Seller to the extent of Guarantor’s payment to Creditor.
Appears in 3 contracts
Samples: Supply Master Agreement, Supply Master Agreement, Supply Master Agreement
Postponement of Subrogation. Only to the extent that, at the relevant time, there are Obligations, or other amounts hereunder, that are then due and payable but unpaid, the Guarantor postpones and subordinates in favor of the Creditor Buyer any and all rights which the Guarantor may have to (a) assert any claim against the Supplier Seller based on subrogation rights with respect to payments made by Guarantor hereunder and (b) any realization on any property of the SupplierSeller, including participation in any marshalling of the SupplierSeller’s assets. Upon payment of such due and unpaid Obligations, Creditor Xxxxx agrees that Guarantor shall be subrogated to the rights of Creditor Buyer against Supplier Seller to the extent of Guarantor’s payment to CreditorBuyer.
Appears in 1 contract
Samples: Supply Master Agreement