Common use of Subordination of All Guarantor Claims Clause in Contracts

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower or any Individual Borrower and/or Operating Lessee to any one or both of the Guarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations of any Individual Borrower and/or Operating Lessee thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, created, or the manner in which they have been, or may hereafter be, acquired by the applicable Guarantor or Guarantors. The Guarantor Claims shall include, without limitation, all rights and claims of any one or both of the Guarantors against Borrower or any Individual Borrower and/or Operating Lessee (arising as a result of subrogation or otherwise) as a result of payment of all or a portion of the Guaranteed Obligations by any Guarantor or the Guarantors. So long as any portion of the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower or any Individual Borrower Borrower, any Mezzanine 1 Borrower, any Mortgage Loan Borrower, any Maryland Owner and/or Operating Lessee any other Related Party to any one or both of the GuarantorsGuarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of any Individual Borrower and/or Operating Lessee such entities thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter be, be acquired by the applicable Guarantor or GuarantorsGuarantor. The Guarantor Claims shall include, without limitation, include all rights and claims of any one or both of the Guarantors Guarantor against Borrower or any Individual Borrower Borrower, any Mezzanine 1 Borrower, any Mortgage Loan Borrower, any Maryland Owner and/or Operating Lessee any other Restricted Party (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion Until repayment in full of the Obligations or Debt, the Guaranteed Obligations remain outstandingMortgage Loan and the Other Mezzanine Loans, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower any one or any Individual Borrower and/or Operating Lessee both of the Borrowers to any one or both of the Guarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations of any Individual Borrower and/or Operating Lessee thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, created, or the manner in which they have been, or may hereafter be, acquired by the applicable Guarantor or Guarantors. The Guarantor Claims shall include, without limitation, all rights and claims of any one or both of the Guarantors against Borrower any one or any Individual Borrower and/or Operating Lessee both of the Borrowers (arising as a result of subrogation or otherwise) as a result of payment of all or a portion of the Guaranteed Obligations by any Guarantor or the Guarantors. So long as any portion of the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower or any Individual Borrower Borrower, any Maryland Owner and/or Operating Lessee any other Related Party to any one or both of the GuarantorsGuarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of any Individual Borrower and/or Operating Lessee such entities thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter be, be acquired by the applicable Guarantor or GuarantorsGuarantor. The Guarantor Claims shall include, without limitation, include all rights and claims of any one or both of the Guarantors Guarantor against Borrower or any Individual Borrower Borrower, any Maryland Owner, any Mezzanine Borrower, and/or Operating Lessee any other Restricted Entity (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion Until repayment in full of the Obligations or Debt, the Guaranteed Obligations remain outstandingLoan and the Mezzanine Loans, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower or any Individual Subsidiary of the Borrower and/or Operating Lessee to any one or both of the GuarantorsGuarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations obligation of any Individual the Borrower and/or Operating Lessee or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person person or Persons persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter be, be acquired by the applicable Guarantor or Guarantorsany Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of any one or both of Guarantor against the Guarantors against Borrower or any Individual Subsidiary of the Borrower and/or Operating Lessee (arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion of Until the Obligations or the Guaranteed Obligations remain outstandingshall be paid and satisfied in full and each Guarantor shall have performed all of its obligations hereunder, no Guarantor shall receive or collect, directly or indirectly, from the Borrower or any Individual Borrower, Operating Lessee Subsidiary of the Borrower or any other Person obligated to Lender party any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower or any Individual Borrower and/or Operating Lessee Guarantor to any one or both of the Guarantorsother Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations obligation of any Individual the Borrower and/or Operating Lessee or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person person or Persons persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter be, be acquired by the applicable Guarantor or Guarantorsany Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of any one or both of Guarantor against the Guarantors against Borrower or any Individual Subsidiary of the Borrower and/or Operating Lessee (arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion of Until the Obligations or the Guaranteed Obligations remain outstandingshall be paid and satisfied in full and each Guarantor shall have performed all of its obligations hereunder, no Guarantor shall receive or collect, directly or indirectly, from the Borrower or any Individual Borrower, Operating Lessee Subsidiary of the Borrower or any other Person obligated to Lender party any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” "GUARANTOR CLAIMS" shall mean all debts and liabilities of any or all of the Borrower or any Individual Borrower and/or Operating Lessee to any one either or both of the Guarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations of any Individual Borrower and/or Operating Lessee or all of the Borrowers thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, created, or the manner in which they have been, or may hereafter be, acquired by the applicable Guarantor either or both Guarantors. The Guarantor Claims shall include, without limitation, all rights and claims of any one either or both Guarantors against any or all of the Guarantors against Borrower or any Individual Borrower and/or Operating Lessee Borrowers (arising as a result of subrogation or otherwise) as a result of either or both Guarantors' payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion of the Obligations or the Guaranteed Obligations remain outstanding, no neither Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower the Class B Member, the Company or any Individual Borrower and/or Operating Lessee of the Subsidiaries to any one or both of the Guarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations of any Individual Borrower and/or Operating Lessee such Person thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, created, or the manner in which they have been, or may hereafter be, acquired by the applicable Guarantor or Guarantors. The Guarantor Claims shall include, without limitation, all rights and claims of any one or both of the Guarantors against Borrower the Class B Member, the Company or any Individual Borrower and/or Operating Lessee of the Subsidiaries (arising as a result of subrogation or otherwise) as a result of payment of all or a portion of the Guaranteed Obligations by any Guarantor or the Guarantors. So long as any portion Until the Redemption Price shall have been paid in full (subject to the terms of the Obligations or the Guaranteed Obligations remain outstandingSection 6.14 regarding reinstatement of this Guaranty), no Guarantor shall receive or collect, directly or indirectly, from e Class B Member, the Company, any Individual Borrower, Operating Lessee of the Subsidiaries or any other Person obligated to Lender the Class A Member any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower or any Individual Borrower Borrower, any Senior Mezzanine Borrower, any Mortgage Loan Borrower, any Maryland Owner and/or Operating Lessee any other Related Party to any one or both of the GuarantorsGuarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of any Individual Borrower and/or Operating Lessee such entities thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter be, be acquired by the applicable Guarantor or GuarantorsGuarantor. The Guarantor Claims shall include, without limitation, include all rights and claims of any one or both of the Guarantors Guarantor against Borrower or any Individual Borrower, any Mortgage Loan Borrower, any Maryland Owner, any Senior Mezzanine Borrower and/or Operating Lessee any other Restricted Party (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion Until repayment in full of the Obligations or Debt, the Guaranteed Obligations remain outstandingMortgage Loan and the Other Mezzanine Loans, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower or any Individual Borrower Borrower, any Mortgage Loan Borrower, any Maryland Owner and/or Operating Lessee any other Related Party to any one or both of the GuarantorsGuarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of any Individual Borrower and/or Operating Lessee such entities thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter be, be acquired by the applicable Guarantor or GuarantorsGuarantor. The Guarantor Claims shall include, without limitation, include all rights and claims of any one or both of the Guarantors Guarantor against Borrower or any Individual Borrower Borrower, any Mortgage Loan Borrower, any Maryland Owner and/or Operating Lessee any other Restricted Party (arising as a result of subrogation or otherwise) as a result of Guarantor’s payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion Until repayment in full of the Obligations or Debt, the Guaranteed Obligations remain outstandingMortgage Loan and the Other Mezzanine Loans, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower, Mezzanine A Borrower or any Individual Mortgage Borrower and/or Operating Lessee to any one or both of the Guarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations of any Individual Borrower, Mezzanine A Borrower and/or Operating Lessee or Mortgage Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, created, or the manner in which they have been, or may hereafter be, acquired by the applicable Guarantor or Guarantors. The Guarantor Claims shall include, without limitation, all rights and claims of any one or both of the Guarantors against Borrower or any Individual Borrower and/or Operating Lessee (arising as a result of subrogation or otherwise) as a result of payment of all or a portion of the Guaranteed Obligations by any Guarantor or the Guarantors. So long as any portion of the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower any one or any Individual Borrower and/or Operating Lessee all of the Borrowers to any one or both all of the Guarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations of any Individual Borrower and/or Operating Lessee thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, created, or the manner in which they have been, or may hereafter be, acquired by the applicable Guarantor or Guarantors. The Guarantor Claims shall include, without limitation, all rights and claims of any one or both all of the Guarantors against Borrower any one or any Individual Borrower and/or Operating Lessee all of the Borrowers (arising as a result of subrogation or otherwise) as a result of payment of all or a portion of the Guaranteed Obligations by any Guarantor or the Guarantors. So long as any portion of the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of any Borrower or any Individual Subsidiary of any Borrower and/or Operating Lessee to any one or both of the GuarantorsGuarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations obligation of any Individual such Borrower and/or Operating Lessee or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person person or Persons persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter be, be acquired by the applicable Guarantor or Guarantorsany Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of any one or both of the Guarantors Guarantor against any Borrower or any Individual Subsidiary of such Borrower and/or Operating Lessee (arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion of Until the Obligations or the Guaranteed Obligations remain outstandingshall be paid and satisfied in full and each Guarantor shall have performed all of its obligations hereunder, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any Subsidiary of such Borrower or any other Person obligated to Lender party any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “"Guarantor Claims” " shall mean all debts and liabilities of Borrower or any Individual to Guarantor (excluding normal distributions from Borrower and/or Operating Lessee to any one or both of the Guarantorsits members in accordance with its organizational documents), whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations of any Individual Borrower and/or Operating Lessee thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, created, or the manner in which they have been, or may hereafter be, acquired by the applicable Guarantor or GuarantorsGuarantor. The Guarantor Claims shall include, without limitation, all rights and claims of any one or both of the Guarantors Guarantor against Borrower or any Individual Borrower and/or Operating Lessee (arising as a result of subrogation or otherwise) as a result of Guarantor's payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion of the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall not receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower or any Individual Subsidiary of the Borrower and/or Operating Lessee to any one or both of the GuarantorsGuarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations obligation of any Individual the Borrower and/or Operating Lessee or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person person or Persons persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter be, be acquired by the applicable Guarantor or Guarantorsany Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of any one or both of Guarantor against the Guarantors against Borrower or any Individual Subsidiary of the Borrower and/or Operating Lessee (arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment of all or a portion of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion of Until the Obligations or the Guaranteed Obligations remain outstandingshall be paid and satisfied in full (other than contingent indemnification obligations of which no Secured Party has knowledge) and each Guarantor shall have performed all of its obligations hereunder, no Guarantor shall receive or collect, directly or indirectly, from the Borrower or any Individual Borrower, Operating Lessee Subsidiary of the Borrower or any other Person obligated to Lender party any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts Debts and liabilities of Borrower any Transaction Party or any Individual Borrower and/or Operating Lessee Subsidiary of any Transaction Party to any one or both of the GuarantorsGuarantor, whether such debts Debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations obligation of any Individual Borrower and/or Operating Lessee such Transaction Party or such Subsidiary thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts Debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts Debts or liabilities may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter be, be acquired by the applicable Guarantor or Guarantorsany Guarantor. The Guarantor Claims shall include, without limitation, all rights and claims of any one or both of the Guarantors Guarantor against Borrower any other Transaction Party or any Individual Borrower and/or Operating Lessee (Subsidiary of any other Transaction Party arising as a result of subrogation or otherwise) otherwise as a result of such Guarantor’s payment or performance of all or a portion any part of the Guaranteed Obligations by any Guarantor or the GuarantorsObligations. So long as any portion of Until the Obligations shall be paid and performed in full, all Commitments have expired or the Guaranteed Obligations remain outstandingbeen terminated, all Hedging Transactions and Transaction Documents have expired or been terminated and each Guarantor shall have paid and performed all of its obligations hereunder, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee other Transaction Party or any Subsidiary of any other Transaction Party or any other Person obligated to Lender party any amount upon the Guarantor Claims.

Subordination of All Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of Borrower or any Individual Borrower and/or Operating Lessee to any one or both all of the Guarantors, whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations of any Individual Borrower and/or Operating Lessee thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or liabilities may, at their inception, have been, or may hereafter be, created, or the manner in which they have been, or may hereafter be, acquired by the applicable Guarantor or Guarantors. The Guarantor Claims shall include, without limitation, all rights and claims of any one or both all of the Guarantors against Borrower or any Individual Borrower and/or Operating Lessee (arising as a result of subrogation or otherwise) as a result of payment of all or a portion of the Guaranteed Obligations by any Guarantor or the Guarantors. So long as any portion of the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall receive or collect, directly or indirectly, from any Individual Borrower, Operating Lessee Borrower or any other Person obligated to Lender any amount upon the Guarantor Claims.