Status of Liens. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor that Guarantor is not entering into this Guaranty in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens and security interests of Lender;
Appears in 3 contracts
Samples: Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx), Unconditional Guaranty Agreement (Us Home Systems Inc /Tx)
Status of Liens. The fact that any collateral, security, security interest interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor Guarantors that Guarantor is Guarantors are not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does Guarantors do not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender the Credit Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantor's Guarantors’ rights of subrogation are, however, subordinate to the rights, claims, liens liens, and security interests of Lenderthe Credit Parties;
Appears in 3 contracts
Samples: Revolving Credit Agreement (Horton D R Inc /De/), Exchange Agreement (Protection One Alarm Monitoring Inc), Revolving Credit Agreement (Horton D R Inc /De/)
Status of Liens. The fact that any collateral, security, security interest or lien Lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt Obligations shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lienLien, it being recognized and agreed by the Guarantor that the Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed Debt; notwithstanding Obligations. Notwithstanding the foregoing, the Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender the Lenders in any collateral or security for the Guaranteed Debt Obligations, after payment in full of the Guaranteed DebtObligations; the Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens claims and security interests Liens of Lenderthe Agent and the Lenders;
Appears in 2 contracts
Samples: Guaranty Agreement (Ocean Energy Inc), Guaranty Agreement (Flores & Rucks Inc /De/)
Status of Liens. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt Obligations shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor that Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed DebtObligations; notwithstanding the foregoing, Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender the Guaranteed Credit Parties in any collateral or security for the Guaranteed Debt Obligations after payment in full of the Guaranteed DebtObligations; provided that Guarantor's ’s rights of subrogation are, however, are subordinate to the rights, claims, liens liens, and security interests of Lenderthe Guaranteed Credit Parties until the payment in full of the Guaranteed Obligations (other than Contingent Indemnification Obligations);
Appears in 2 contracts
Samples: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)
Status of Liens. The fact that any collateral, security, security interest interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor Guarantors that Guarantor is Guarantors are not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does Guarantors do not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender the Credit Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantor's Guarantors' rights of subrogation are, however, subordinate to the rights, claims, liens liens, and security interests of Lenderthe Credit Parties;
Appears in 2 contracts
Samples: Revolving Credit Agreement (Horton D R Inc /De/), Credit Agreement (Prologis Trust)
Status of Liens. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor that Guarantor is not entering into this Guaranty in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectability or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender Schlumberger in any collateral or security for the Guaranteed Debt Debt, after payment in full of the Guaranteed Debt; Guarantor's rights ’s right of subrogation areis, however, subordinate to the rights, claims, liens and security interests of Lender;Schlumberger; or
Appears in 2 contracts
Samples: Guaranty Agreement (Terra Energy & Resource Technologies, Inc.), Guaranty Agreement (Terra Energy & Resource Technologies, Inc.)
Status of Liens. The fact that any collateral, security, --------------- security interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt Liabilities shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor that Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed Debt; notwithstanding Liabilities. Notwithstanding the foregoing, Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender the Bank in any collateral or security for the Guaranteed Debt Liabilities, after payment in full of the Guaranteed DebtLiabilities; Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens and security interests of Lenderthe Bank;
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Status of Liens. The fact that any collateral, security, security interest interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by each Guarantor that such Guarantor is not entering into this Guaranty agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does Guarantors do not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender the Loan Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens and security interests of Lenderthe Loan Parties;
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Status of Liens. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor that Guarantor is not entering into this Guaranty in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens and security interests of Lender;; Section
Appears in 1 contract
Samples: Unconditional Guaranty Agreement
Status of Liens. The fact that any collateral, security, security interest interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor that Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender the Credit Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantor's ’s rights of subrogation are, however, subordinate to the rights, claims, liens liens, and security interests of Lenderthe Credit Parties;
Appears in 1 contract
Samples: Exchange Agreement (Protection One Alarm Monitoring Inc)
Status of Liens. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor Guarantors that Guarantor is Guarantors are not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral (if any) for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does Guarantors do not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantor's Guarantors' rights of subrogation are, however, subordinate to the rights, claims, liens and security interests of Lender;
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Status of Liens. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt Obligation shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor that Guarantor is not entering into this Guaranty in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed DebtObligation; notwithstanding the foregoing, Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender in any collateral or security for the Guaranteed Debt Obligation after payment in full of the Guaranteed DebtObligation; Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens and security interests of LenderLender until such time as the Guaranteed Obligation is paid in full;
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Status of Liens. The fact that any collateral, security, security interest interest, or lien contemplated or intended to be given, created, or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor that Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender the Loan Parties in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens and security interests of Lenderthe Loan Parties;
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Status of Liens. The fact that any collateral, security, security interest or lien contemplated or intended to be given, created, created or granted as security for the repayment of the Guaranteed Debt shall not be properly perfected or created, or shall prove to be unenforceable or subordinate to any other security interest or lien, it being recognized and agreed by Guarantor that Guarantor is not entering into this Guaranty Agreement in reliance on, or in contemplation of the benefits of, the validity, enforceability, collectibility, collectibility or value of any of the collateral for the Guaranteed Debt; notwithstanding the foregoing, Guarantor does not hereby waive or release (expressly or impliedly) any right to be subrogated to the rights of Lender in any collateral or security for the Guaranteed Debt after payment in full of the Guaranteed Debt; Guarantor's rights of subrogation are, however, subordinate to the rights, claims, liens and security interests of Lender;
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