Common use of Subordination and Subrogation Clause in Contracts

Subordination and Subrogation. The Guarantor hereby agrees that all indebtedness and other obligations of the Borrower (now existing or hereafter incurred) to the Guarantor are and shall be subordinated in right of payment to the prior payment in full by the Borrower of its obligations to Lender under the Loan Documents. During the existence of a default under the Loan Documents, no payments by the Borrower shall be accepted by the Guarantor with respect to such subordinated obligations and, if any such payments are inadvertently received, the same shall be held in trust and promptly turned over to Lender. The Guarantor hereby waives all claims, rights or remedies that it may have at law or in equity (including, without limitation, any law subrogating the Guarantor to the rights of Lender) to seek contribution, indemnification, or any other form of reimbursement from the Borrower, any other guarantor, or any other person or entity now or hereafter primarily or secondarily liable for any obligations of the Guarantor to Lender for any disbursement made by the Guarantor under or in connection with this Guarantee. The Guarantor hereby stipulates and agrees that any such disbursement made by the Guarantor shall be a contribution to the equity capital of the Borrower.

Appears in 1 contract

Samples: Master Loan Agreement (Colorado Greenhouse Holdings Inc)

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Subordination and Subrogation. The Guarantor hereby agrees that all indebtedness and other obligations of the Borrower (now existing or hereafter incurred) to the Guarantor are and shall be subordinated in right of payment to the prior payment in full by the Borrower of its obligations to Lender CoBank under the Loan Documents. During the existence of a default under the Loan Documents, no payments by the Borrower shall be accepted by the Guarantor with respect to such subordinated obligations and, if any such payments are inadvertently received, the same shall be held in trust and promptly turned over to LenderCoBank. The Guarantor hereby waives all claims, rights or remedies that it may have at law or in equity (including, without limitation, any law subrogating the Guarantor to the rights of LenderCoBank) to seek contribution, indemnification, or any other form of reimbursement from the Borrower, any other guarantor, or any other person or entity now or hereafter primarily or secondarily liable for any obligations of the Guarantor to Lender CoBank, for any disbursement made by the Guarantor under or in connection with this GuaranteeGuarantee or otherwise. The Guarantor hereby stipulates and agrees that any such disbursement made by the Guarantor shall be a contribution to the equity capital of the Borrower.

Appears in 1 contract

Samples: Guarantee of Payment (Heron Lake BioEnergy, LLC)

Subordination and Subrogation. The Guarantor hereby agrees that all indebtedness and other obligations of the Borrower (now existing or hereafter incurred) to the Guarantor are and shall be subordinated in right of payment to the prior payment in full by the Borrower of its obligations to Lender under the Loan Documents. During the existence of a default under the Loan Documents, no payments by the Borrower shall be accepted by the Guarantor with respect to such subordinated sub- ordinated obligations and, if any such payments are inadvertently received, the same shall be held in trust and promptly turned over to Lender. The Guarantor hereby waives all claims, rights or remedies that it may have at law or in equity (including, without limitation, any law subrogating the Guarantor to the rights of Lender) to seek contribution, indemnification, or any other form of reimbursement from the Borrower, any other guarantor, or any other person or entity now or hereafter primarily or secondarily liable for any obligations of the Guarantor to Lender for any disbursement made by the Guarantor under or in connection with this Guarantee. The Guarantor hereby stipulates and agrees that any such disbursement made by the Guarantor shall be a contribution to the equity capital of the Borrower.

Appears in 1 contract

Samples: Secured Continuing Guarantee of Payment (Colorado Greenhouse Holdings Inc)

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Subordination and Subrogation. The Guarantor hereby agrees that all indebtedness and other obligations of the Borrower Company (now existing or hereafter incurred) to the Guarantor are and shall be subordinated in right of payment to the prior payment in full by the Borrower Company of its obligations to Lender CoBank under the Loan Documents. During the existence of a default under the Loan Documents, no payments by the Borrower Company shall be accepted by the Guarantor with respect to such subordinated obligations and, if any such payments are inadvertently received, the same shall be held in trust and promptly turned over to LenderCoBank. The FCStone Financial, Inc. West Des Moines, Iowa Guarantor hereby waives all claims, rights or remedies that it may have at law or in equity (including, without limitation, any law subrogating the Guarantor to the rights of LenderCoBank) to seek contribution, indemnification, or any other form of reimbursement from the BorrowerCompany, any other guarantor, or any other person or entity now or hereafter primarily or secondarily liable for any obligations of the Guarantor Company to Lender CoBank, for any disbursement made by the Guarantor under or in connection with this GuaranteeGuarantee or otherwise. The Guarantor hereby stipulates and agrees that any such disbursement made by the Guarantor shall be a contribution to the equity capital of the BorrowerCompany.

Appears in 1 contract

Samples: Guarantee of Payment (FCStone Group, Inc.)

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