Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the Subsidiary Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank or any affiliate of the Administrative Agent or any Bank. In addition, the Subsidiary Guarantor will not claim any set-off or counterclaim against the Borrower in respect of any liability it may have to the Borrower unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the Subsidiary Guarantor acknowledges that all other guarantors of any of the Obligations shall have contribution rights against the Subsidiary Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Agreement and in respect of the Loans and the Letters of Credit.
Appears in 4 contracts
Samples: Revolving Loan Agreement (Avalonbay Communities Inc), Revolving Loan Agreement (Avalonbay Communities Inc), Revolving Loan Agreement (Avalonbay Communities Inc)
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the Subsidiary Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank Lender or any affiliate of the Administrative Agent or any BankLender. In addition, the Subsidiary Guarantor will not claim any set-off or counterclaim against the Borrower in respect of any liability it may have to the Borrower unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the Subsidiary Guarantor acknowledges that all other guarantors of any of the Obligations “Guarantors” shall have contribution rights against the Subsidiary Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Credit Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 4 contracts
Samples: Revolving Credit and Term Loan Agreement (Mack Cali Realty L P), Guaranty (Mack Cali Realty L P), Revolving Credit Agreement (Mack Cali Realty L P)
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the Subsidiary each Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank Lender or any affiliate of the Administrative Agent or any BankLender. In addition, the Subsidiary each Guarantor will not claim any set-off or counterclaim against the Borrower in respect of any liability it may have to the Borrower unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the Subsidiary each Guarantor acknowledges that all other guarantors of any of the Obligations “Guarantors” shall have contribution rights against the Subsidiary such Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Credit Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 2 contracts
Samples: Credit Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership)
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the each Subsidiary Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower Borrowers on account of payments A/72162016.2 made under this Amended and Restated Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank Lender or any affiliate of the Administrative Agent or any BankLender. In addition, the each Subsidiary Guarantor will not claim any set-off or counterclaim against the Borrower Borrowers in respect of any liability it may have to the Borrower Borrowers unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the each Subsidiary Guarantor acknowledges that all other guarantors of any of the Obligations Subsidiary Guarantors shall have contribution rights against the such Subsidiary Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Credit Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 1 contract
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the Subsidiary each Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank Lender or any affiliate of the Administrative Agent or any BankLender. In addition, the Subsidiary each Guarantor will not claim any set-off or counterclaim against the Borrower in respect of any liability it may have to the Borrower unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the Subsidiary each Guarantor acknowledges that all other guarantors of any of the Obligations "Guarantors" shall have contribution rights against the Subsidiary such Guarantor in accordance with applicable law and in accordance with each such Person’s 's benefits received under the Loan Credit Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 1 contract
Samples: Credit Agreement (Liberty Property Limited Partnership)
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the Subsidiary Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank or any affiliate of the Administrative Agent or any Bank. In addition, the Subsidiary Guarantor will not claim any set-off or counterclaim against the Borrower in respect of any liability it may have to the Borrower unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the Subsidiary Guarantor acknowledges that all other guarantors of any of the Obligations shall have contribution rights against the Subsidiary Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 1 contract
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the each Subsidiary Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower Borrowers on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank Lender or any affiliate of the Administrative Agent or any BankLender. In addition, the each Subsidiary Guarantor will not claim any set-off or counterclaim against the Borrower Borrowers in respect of any liability it may have to the Borrower Borrowers unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the each Subsidiary Guarantor acknowledges that all other guarantors of any of the Obligations Subsidiary Guarantors shall have contribution rights against the such Subsidiary Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Credit Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 1 contract
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the Subsidiary each Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower Borrowers on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, DB1/ 97920064.5 contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank Lender or any affiliate of the Administrative Agent or any BankLender. In addition, the Subsidiary each Guarantor will not claim any set-off or counterclaim against the Borrower Borrowers in respect of any liability it may have to the Borrower Borrowers unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the Subsidiary each Guarantor acknowledges that all other guarantors of any of the Obligations “Guarantors” shall have contribution rights against the Subsidiary such Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Credit Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 1 contract
Samples: Revolving Credit Agreement (Brandywine Operating Partnership, L.P.)
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the Subsidiary Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank Lender or any affiliate of the Administrative Agent or any BankLender. In addition, the Subsidiary Guarantor will not claim any set-off or counterclaim against the Borrower in respect of any liability it may have to the Borrower unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the Subsidiary Guarantor acknowledges that all other guarantors of any of the Obligations “Guarantors” shall have contribution rights against the Subsidiary Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 1 contract
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the Subsidiary each Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent or any Bank Lender or any affiliate of the Administrative Agent or any BankLender. In addition, the Subsidiary each Guarantor will not claim any set-off or counterclaim against the Borrower in respect of any liability it may have to the Borrower unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the Subsidiary each Guarantor acknowledges that all other guarantors of any of the Obligations “Guarantors” shall have contribution rights against the Subsidiary such Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Credit Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 1 contract
Samples: Credit Agreement (Liberty Property Limited Partnership)
Restriction on Subrogation and Contribution Rights. Notwithstanding any other provision to the contrary contained herein or provided by applicable law, unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full, the Subsidiary each Guarantor hereby irrevocably defers and agrees not to enforce any and all rights it may have at any time (whether arising directly or indirectly, by operation of law or by contract) to assert any claim against the Borrower Borrowers on account of payments made under this Subsidiary Guaranty, including, without limitation, any and all rights of or claim for subrogation, contribution, reimbursement, exoneration and indemnity, and further waives any benefit of and any right to participate in any collateral which may be held by the Administrative Agent any Creditor Party or any Bank or Affiliate of any affiliate of the Administrative Agent or any BankCreditor Party. In addition, the Subsidiary each Guarantor will not claim any set-off or counterclaim against the Borrower Borrowers in respect of any liability it may have to the Borrower Borrowers unless and until all of the Obligations have been indefeasibly paid in full in cash and satisfied in full. Subject to the foregoing and the indefeasible performance and payment in full of the Obligations, the Subsidiary each Guarantor acknowledges that all other guarantors of any of the Obligations “Guarantors” shall have contribution rights against the Subsidiary such Guarantor in accordance with applicable law and in accordance with each such Person’s benefits received under the Loan Credit Agreement and in respect of the Loans and the Letters of CreditLoans.
Appears in 1 contract
Samples: Credit Agreement (Brandywine Operating Partnership, L.P.)