Common use of Rights of Subrogation and Other Rights Clause in Contracts

Rights of Subrogation and Other Rights. Guarantor hereby: (a) expressly and irrevocably waives (for so long as the Guaranteed Obligations or any portion thereof remains outstanding), on behalf of itself and its successors and assigns (including any surety) (i) any and all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from Borrowers or any other Person now or hereafter primarily or secondarily liable for any of the Guaranteed Obligations for any disbursements made by Guarantor under or in connection with this Guaranty, (ii) all claims of any kind or type against Borrowers as a result of any payment made by Guarantor to Administrative Agent for the account of Secured Parties, and (iii) any right to participate in any security now or hereafter held by Administrative Agent. In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Administrative Agent for the account of Secured Parties pursuant to this Guaranty shall be deemed a contribution to the capital of the applicable Borrower or other obligated party and shall not constitute Guarantor a creditor of such Borrower or such other party. (b) further acknowledges and agrees that (i) this waiver is intended to benefit Administrative Agent and Secured Parties and shall not limit or otherwise affect Guarantor’s liability hereunder or the enforceability of this Guaranty, (ii) Administrative Agent and Secured Parties and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 3.3 and their rights under this Section 3.3 shall survive payment in full of the Guaranteed Obligations but only for so long as the Obligations or any portion thereof remains outstanding, and (iii) 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 Guaranteed Obligations shall be junior and subordinate to any rights Administrative Agent and Secured Parties may have against Borrowers and to all right, title and interest Administrative Agent may have in such collateral or security.

Rights of Subrogation and Other Rights. Guarantor hereby: (a) expressly and irrevocably waives (for so long as the Guaranteed Obligations or any portion thereof remains outstanding)waives, on behalf of itself and its successors and assigns (including any surety) (i) any and all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from Borrowers any Borrower or any other Person 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, (ii) all claims of any kind or type against Borrowers any Borrower as a result of any payment made by Guarantor to Administrative Agent for the account of Secured PartiesLender or Agent, and (iii) any right to participate in any security now or hereafter held by Administrative Lender or Agent. In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Administrative Lender or Agent for the account of Secured Parties pursuant to this Guaranty shall be deemed a contribution to the capital of the applicable Borrower Borrowers or other obligated party and shall not constitute Guarantor a creditor of such Borrower Borrowers or such other party. (b) further acknowledges and agrees that (i) this waiver is intended to benefit Administrative Agent and Secured Parties Lender and shall not limit or otherwise affect Guarantor’s 's liability hereunder or the enforceability of this Guaranty, Guaranty (ii) Administrative Agent and Secured Parties Agent, Lender and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 3.3 and their rights under this Section 3.3 shall survive payment in full of the Guaranteed Obligations but only for so long as the Obligations or any portion thereof remains outstandingObligations, and (iii) 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 any Borrower or against any collateral or security for any of the Guaranteed Obligations shall be junior and subordinate to any rights Administrative Lender or Agent and Secured Parties may have against Borrowers and to all right, title and interest Administrative Lender or Agent may have in such collateral or security.

Rights of Subrogation and Other Rights. Guarantor hereby: (a) expressly and irrevocably waives (for so long as the Guaranteed Obligations Loan or any portion thereof remains outstanding), on behalf of itself and its successors and assigns (including any surety) (i) any and all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from Borrowers Borrower or any other Person now or hereafter primarily or secondarily liable for any of the Guaranteed Obligations for any disbursements made by Guarantor under or in connection with this Guaranty, (ii) all claims of any kind or type against Borrowers Borrower as a result of any payment made by Guarantor to Administrative Agent for the account of Secured PartiesLenders, and (iii) any right to participate in any security now or hereafter held by Administrative AgentAgent (for the benefit of Lenders). In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Administrative Agent for the account of Secured Parties Lenders pursuant to this Guaranty shall be deemed a contribution to the capital of the applicable Borrower or other obligated party and shall not constitute Guarantor a creditor of such Borrower or such other party. (b) further acknowledges and agrees that (i) this waiver is intended to benefit Administrative Agent and Secured Parties Lenders and shall not limit or otherwise affect Guarantor’s liability hereunder or the enforceability of this Guaranty, Guaranty (ii) Administrative Agent and Secured Parties Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 3.3 and their rights under this Section 3.3 shall survive payment in full of the Guaranteed Obligations but only for so long as the Obligations Loan or any portion thereof remains outstanding, and (iii) 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 Administrative Agent and Secured Parties Lenders may have against Borrowers Borrower and to all right, title and interest Administrative Agent (for the benefit of Lenders) may have in such collateral or security.

Rights of Subrogation and Other Rights. Guarantor hereby: (a) Guarantor hereby expressly and irrevocably waives (for so long as the Guaranteed Obligations or any portion thereof remains outstanding)waives, on behalf of itself and its successors and assigns (including any surety) (i) any and all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from Borrowers Borrower or any other Person now or hereafter primarily or secondarily liable for any of the Guaranteed Obligations for any disbursements made by Guarantor under or in connection with this Guaranty, (ii) all claims of any kind or type against Borrowers Borrower as a result of any payment made by Guarantor to Administrative Agent (for the account of Secured PartiesLenders) or Lenders, and (iii) any right to participate in any security now or hereafter held by Administrative AgentAgent (for the benefit of Lenders). In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Administrative Agent for the account of Secured Parties Lenders pursuant to this Guaranty shall be deemed a contribution to the capital of the applicable Borrower or other obligated party and shall not constitute Guarantor a creditor of such Borrower or such other party. (b) Guarantor hereby further acknowledges and agrees that (i) this waiver is intended to benefit Administrative Agent and Secured Parties Lenders and shall not limit or otherwise affect Guarantor’s 's liability hereunder or the enforceability of this Guaranty, Guaranty (ii) Administrative Agent and Secured Parties Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 3.3 and their rights under this Section 3.3 shall survive payment in full of the Guaranteed Obligations but only for so long as the Obligations or any portion thereof remains outstandingObligations, and (iii) 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 Administrative Agent and Secured Parties Lenders may have against Borrowers Borrower and to all right, title and interest Administrative Agent (for the benefit of Lenders) may have in such collateral or security.

Rights of Subrogation and Other Rights. Guarantor hereby: (a) expressly and irrevocably waives (for so long as the Guaranteed Obligations Loan or any portion thereof remains outstanding), on behalf of itself and its successors and assigns (including any surety) (i) any and all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from Borrowers Borrower or any other Person now or hereafter primarily or secondarily liable for any of the Guaranteed Obligations for any disbursements made by Guarantor under or in connection with this Guaranty, (ii) all claims of any kind or type against Borrowers Borrower as a result of any payment made by Guarantor to Administrative Agent for the account of Secured PartiesLenders, and (iii) any right to participate in any security now or hereafter held by Administrative AgentAgent (for the benefit of Lenders). In furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Administrative Agent for the account of Secured Parties Lenders pursuant to this Guaranty shall be deemed a contribution to the capital of the applicable Borrower or other obligated party and shall not constitute Guarantor a creditor of such Borrower or such other party. (b) further acknowledges and agrees that (i) this waiver is intended to benefit Administrative Agent and Secured Parties Lenders and shall not limit or otherwise affect Guarantor’s liability hereunder or the enforceability of this Guaranty, (ii) Administrative Agent and Secured Parties Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 3.3 and their rights under this Section 3.3 shall survive payment in full of the Guaranteed Obligations but only for so long as the Obligations Loan or any portion thereof remains outstanding, and (iii) 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 Administrative Agent and Secured Parties Lenders may have against Borrowers Borrower and to all right, title and interest Administrative Agent (for the benefit of Lenders) may have in such collateral or security.

Rights of Subrogation and Other Rights. To the fullest extent permitted by applicable law, Guarantor hereby: (a) expressly and irrevocably waives (for so long as the Guaranteed Obligations or any portion thereof remains outstanding), on behalf of itself and its successors and assigns (including any surety) subordinates to any rights Administrative Agent and Lenders may have against Borrowers and to all right, title and interest Administrative Agent (for the benefit of Lenders) may have in such any collateral or security for the Guaranteed Obligations, until such time as the Guaranteed Obligations have been paid in full, (i) any and all rights at law or in equity to seek subrogation, contribution, indemnification or any other form of reimbursement or repayment from Borrowers or any other Person now or hereafter primarily or secondarily liable for any of the Guaranteed Obligations for any disbursements made by Guarantor under or in connection with this Guaranty, (ii) all claims of any kind or type against Borrowers as a result of any payment made by Guarantor to Administrative Agent for the account of Secured PartiesLenders, and (iii) any right to participate in any security now or hereafter held by Administrative Agent. In Agent (for the benefit of Lenders); and in furtherance, and not in limitation, of the foregoing, Guarantor agrees that any payment to Administrative Agent for the account of Secured Parties Lenders pursuant to this Guaranty shall be deemed a contribution to the capital of the applicable Borrower Borrowers or other obligated party and shall not constitute Guarantor a creditor of such Borrower Borrowers or such other party.; and (b) further acknowledges and agrees that (i) this waiver subordination is intended to benefit Administrative Agent and Secured Parties Lenders and shall not limit or otherwise affect Guarantor’s liability hereunder or the enforceability of this Guaranty, Guaranty and (ii) Administrative Agent and Secured Parties Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers subordination and agreements set forth in this Section 3.3 and their its rights under this Section 3.3 shall survive payment in full of the Guaranteed Obligations but only for so long as the Obligations or any portion thereof remains outstanding, and (iii) 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 Guaranteed Obligations shall be junior and subordinate to any rights Administrative Agent and Secured Parties may have against Borrowers and to all right, title and interest Administrative Agent may have in such collateral or securityObligations.