Rights of Subrogation and Other Rights. Guarantor irrevocably waives (a) all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations for any disbursements made by any Guarantor under or in connection with this Guaranty, (b) all claims of any kind or type against any Borrower as a result of any payment made by Guarantor to Agent and/or Lenders, and (c) any right to participate in any security now or hereafter held by Agent and/or Lenders. In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Agent and/or Lenders pursuant to this Guaranty shall be deemed a contribution to the capital of Borrowers or other obligated party and shall not constitute Guarantor a creditor of Borrowers or such other party. Guarantor further agrees that to the extent the waiver of its rights of subrogation as set forth herein is found by a court of competent jurisdiction to be void or voidable for any reason, any rights of subrogation Guarantor may have against Borrowers or against any collateral or security for any of the Obligations shall be junior and subordinate to any rights Agent and/or Lenders may have against Borrowers and to all right, title and interest Agent and/or Lenders may have in such collateral or security.
Appears in 2 contracts
Samples: Omega Healthcare Investors Inc, Guaranty (Omega Healthcare Investors Inc)
Rights of Subrogation and Other Rights. Guarantor irrevocably waives (a) all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations for any disbursements made by any Guarantor under or in connection with this Guaranty, (b) all claims of any kind or type against any Borrower as a result of any payment made by Guarantor to Agent and/or LendersLender, and (c) any right to participate in any security now or hereafter held by Agent and/or LendersLender. In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Agent and/or Lenders Lender pursuant to this Guaranty shall be deemed a contribution to the capital of Borrowers Borrower or other obligated party and shall not constitute Guarantor a creditor of Borrowers or such other party. Guarantor further agrees that to the extent the waiver of its rights of subrogation as set forth herein is found by a court of competent jurisdiction to be void or voidable for any reason, any rights of subrogation Guarantor may have against Borrowers Borrower or against any collateral or security for any of the Obligations shall be junior and subordinate to any rights Agent and/or Lenders Lender may have against Borrowers Borrower and to all right, title and interest Agent and/or Lenders Lender may have in is such collateral or security.
Appears in 2 contracts
Samples: Guaranty of Payment (Childrens Broadcasting Corp), Greenman Technologies Inc
Rights of Subrogation and Other Rights. Guarantor irrevocably waives until this Guaranty is cancelled (a) all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower or any other person or entity now or hereafter primarily or secondarily liable for any of the Guaranteed Obligations for any disbursements made by any Guarantor under or in connection with this Guaranty, (b) all claims of any kind or type against any Borrower as a result of any payment made by Guarantor to Agent and/or LendersLender, and (c) any right to participate in any security now or hereafter held by Agent and/or LendersLender. In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Agent and/or Lenders Lender pursuant to this Guaranty shall be deemed a contribution to the capital of Borrowers Borrower or other obligated party and shall not constitute Guarantor a creditor of Borrowers Borrower or such other party. Guarantor further agrees that to the extent the waiver of its rights of subrogation as set forth herein is found by a court of competent jurisdiction to be void or voidable for any reason, any rights of subrogation Guarantor may have against Borrowers Borrower or against any collateral or security for any of the Guaranteed Obligations shall be junior and subordinate to any rights Agent and/or Lenders Lender may have against Borrowers Borrower and to all right, title and interest Agent and/or Lenders Lender may have in such collateral or security.
Appears in 2 contracts
Samples: Guaranty (Brookdale Living Communities Inc), Brookdale Living Communities Inc
Rights of Subrogation and Other Rights. Guarantor irrevocably waives (a) all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations for any disbursements made by any Guarantor under or in connection with this Guaranty, (b) all claims of any kind or type against any Borrower as a result of any payment made by Guarantor to Agent and/or Lenders, and (c) any right to participate in any security now or hereafter held by Agent and/or Lenders. In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Agent and/or Lenders pursuant to this Guaranty shall be deemed a contribution to the capital of Borrowers Borrower or other obligated party and shall not constitute Guarantor a creditor of Borrowers Borrower or such other party. Guarantor further agrees that to the extent the waiver of its rights of subrogation as set forth herein is found by a court of competent jurisdiction to be void or voidable for any reason, any rights of subrogation Guarantor may have against Borrowers Borrower or against any collateral or security for any of the Obligations shall be junior and subordinate to any rights Agent and/or Lenders may have against Borrowers Borrower and to all right, title and interest Agent and/or Lenders may have in such collateral or security.
Appears in 2 contracts
Samples: Guaranty (Assisted Living Concepts Inc), Guaranty (Assisted Living Concepts Inc)
Rights of Subrogation and Other Rights. Each -------------------------------------- Guarantor irrevocably waives (a) all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations for any disbursements made by any Guarantor under or in connection with this Guaranty, (b) all claims of any kind or type against any Borrower as a result of any payment made by Guarantor to Agent and/or LendersAgent, and (c) any right to participate in any security now or hereafter held by Agent and/or LendersAgent. In furtherance, and not in limitation, of the foregoing, each Guarantor agrees that any payment to Agent and/or Lenders pursuant to this Guaranty shall be deemed a contribution to the capital of Borrowers any Borrower or other obligated party and shall not constitute such Guarantor a creditor of Borrowers or such other party. Each Guarantor further agrees that to the extent the waiver of its rights of subrogation as set forth herein is found by a court of competent jurisdiction to be void or voidable for any reason, any rights of subrogation such Guarantor may have against Borrowers any Borrower or against any collateral or security for any of the Obligations shall be junior and subordinate to any rights Agent and/or Lenders may have against Borrowers any Borrower and to all right, title and interest Agent and/or Lenders may have in such collateral or security.
Appears in 1 contract
Samples: Corporate Guaranty (Lund International Holdings Inc)
Rights of Subrogation and Other Rights. Guarantor irrevocably -------------------------------------- waives (a) all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations for any disbursements made by any Guarantor under or in connection with this Guaranty, (b) all claims of any kind or type against any Borrower as a result of any payment made by Guarantor to Agent and/or LendersAgent, and (c) any right to participate in any security now or hereafter held by Agent and/or LendersAgent. In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Agent and/or Lenders pursuant to this Guaranty shall be deemed a contribution to the capital of Borrowers Borrower or other obligated party and shall not constitute Guarantor a creditor of Borrowers or such other party. Guarantor further agrees that to the extent the waiver of its rights of subrogation as set forth herein is found by a court of competent jurisdiction to be void or voidable for any reason, any rights of subrogation Guarantor may have against Borrowers Borrower or against any collateral or security for any of the Obligations shall be junior and subordinate to any rights Agent and/or Lenders may have against Borrowers Borrower and to all right, title and interest Agent and/or Lenders may have in such collateral or security.
Appears in 1 contract
Samples: Lund International Holdings Inc
Rights of Subrogation and Other Rights. Until payment in full of the ---------------------------------------- Obligations, Guarantor irrevocably waives (a) all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations for any disbursements made by any Guarantor under or in connection with this Guaranty, (b) all claims of any kind or type against any Borrower as a result of any payment made by Guarantor to Agent and/or LendersLender, and (c) any right to participate in any security now or hereafter held by Agent and/or LendersLender. In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Agent and/or Lenders Lender pursuant to this Guaranty shall be deemed a contribution to the capital of Borrowers Borrower or other obligated party and shall not constitute Guarantor a creditor of Borrowers Borrower or such other party. Guarantor further agrees that to the extent the waiver of its rights of subrogation as set forth herein is found by a court of competent jurisdiction to be void or voidable for any reason, any rights of subrogation Guarantor may have against Borrowers Borrower or against any collateral or security for any of the Obligations shall be junior and subordinate to any rights Agent and/or Lenders Lender may have against Borrowers Borrower and to all right, title and interest Agent and/or Lenders Lender may have in such collateral or security. 3.4.
Appears in 1 contract
Samples: Guaranty (Emeritus Corp\wa\)
Rights of Subrogation and Other Rights. Guarantor irrevocably waives (a) all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from any Borrower or any other person or entity now or hereafter primarily or secondarily liable for any of the Obligations for any disbursements made by any Guarantor under or in connection with this Guaranty, (b) all claims of any kind or type against any Borrower as a result of any payment made by Guarantor to Agent and/or LendersLender, and (c) any right to participate in any security now or hereafter held by Agent and/or LendersLender. In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Agent and/or Lenders Lender pursuant to this Guaranty shall be deemed a contribution to the capital of Borrowers Borrower or other obligated party and shall not constitute Guarantor a creditor of Borrowers Borrower or such other party. Guarantor further agrees that to the extent the waiver of its rights of subrogation as set forth herein is found by a court of competent jurisdiction to be void or voidable for any reason, any rights of subrogation Guarantor may have against Borrowers Borrower or against any collateral or security for any of the Obligations shall be junior and subordinate to any rights Agent and/or Lenders Lender may have against Borrowers Borrower and to all right, title and interest Agent and/or Lenders Lender may have in such collateral or security.
Appears in 1 contract
Samples: Balanced Care Corp