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 obligations of the Company to the Guarantor, whether such debts and obligations now exist or are hereafter incurred or arise, or whether the obligation be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations 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 Guarantor. Except for payments permitted by the Credit Agreement, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the Guarantor shall have performed all of its obligations hereunder and the Loan Documents to which it is a party, the Guarantor shall not receive or collect, directly or indirectly, from the Company any amount upon the Guarantor Claims.

Appears in 7 contracts

Samples: Guaranty Agreement (Ocean Energy Inc), Guaranty Agreement (Ocean Energy Inc), Guaranty Agreement (Ocean Energy Inc)

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Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations of the Company to the Guarantor, whether such debts and obligations now exist or are hereafter incurred or arise, or whether the obligation be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations 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 Guarantor. Except for payments permitted by the Credit Agreement, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the Guarantor shall have performed all of its obligations hereunder and the Loan Documents to which it is a party, the Guarantor shall not receive or collect, directly or indirectly, from the Company any amount upon the Guarantor Claims.

Appears in 4 contracts

Samples: Guaranty Agreement (Ocean Energy Inc /Tx/), Revolving Credit Agreement (Ocean Energy Inc /Tx/), Guaranty Agreement (Ocean Energy Inc /Tx/)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations of the Company Borrower to the Guarantor, whether such debts and obligations now exist or are hereafter incurred or arise, or whether the obligation of the Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations 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 Guarantorby. Except for payments permitted by the Credit Agreement, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the Guarantor shall have performed all of its obligations hereunder and under the Loan Documents other Security Instruments to which it is a party, the Guarantor shall not receive or collect, directly or indirectly, from the Company Borrower any amount upon the Guarantor Claims.

Appears in 4 contracts

Samples: Guaranty Agreement (Corrida Resources Inc), Guaranty Agreement (Queen Sand Resources Inc), Guaranty Agreement (Corrida Resources Inc)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations of the Company Borrower to the Guarantor, whether such debts and obligations now exist or are hereafter incurred or arise, or whether the obligation of the Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations 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 Guarantorby. Except for payments permitted by the Credit Agreement, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the Guarantor shall have performed all of its obligations hereunder and under the other Loan Documents to which it is a party, the Guarantor shall not receive or collect, directly or indirectly, from the Company Borrower any amount upon the Guarantor Claims.

Appears in 3 contracts

Samples: Guaranty Agreement (Corrida Resources Inc), Guaranty Agreement (Corrida Resources Inc), Guaranty Agreement (Corrida Resources Inc)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations liabilities of the Company Borrower to the Guarantor, whether such debts and obligations liabilities now exist or are hereafter incurred or arise, or whether the obligation obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations 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 obligations 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 Guarantor. Except for payments permitted by as otherwise allowed under the Credit Loan Agreement, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the in cash as to monetary Obligations, and Guarantor shall have performed all of its obligations hereunder and the Loan Documents to which it is a partyhereunder, the Guarantor shall not receive or collect, directly or indirectly, from the Company Borrower or any other party any amount upon the Guarantor Claims.

Appears in 3 contracts

Samples: Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc), Unconditional Guaranty Agreement (Tidel Technologies Inc)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations of the Company to the Guarantor, whether such debts and obligations now exist or are hereafter incurred or arise, or whether the obligation of the Company thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations 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 Guarantor. Except for payments permitted by the Credit Agreement, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the Guarantor shall have performed all of its obligations hereunder and the Loan Documents Security Instruments to which it is a party, the Guarantor shall not receive or collect, directly or indirectly, from the Company any amount upon the Guarantor Claims.

Appears in 3 contracts

Samples: Guaranty Agreement (United Meridian Corp), Guaranty Agreement (United Meridian Corp), Guaranty Agreement (United Meridian Corp)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations liabilities of the Company any Loan Party to the any Guarantor, whether such debts and obligations liabilities now exist or are hereafter incurred or arise, or whether the obligation obligations of such Loan Party thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations liabilities be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations 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 any Guarantor. Except for payments permitted by The Guarantor Claims shall include, without limitation, all rights and claims of any Guarantor against any Loan Party (arising as a result of subrogation or otherwise) as a result of such Guarantor’s payment of all or a portion of the Credit AgreementGuaranteed Obligations. After the occurrence and during the continuance of a monetary Default or any Event of Default, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the no Guarantor shall have performed all of its obligations hereunder and the Loan Documents to which it is a party, the Guarantor shall not receive or collect, directly or indirectly, from the Company any Loan Party any amount upon the Guarantor Claims.

Appears in 3 contracts

Samples: Second Mezzanine (Morgans Hotel Group Co.), Third Mezzanine (Morgans Hotel Group Co.), First Mezzanine Closing (Morgans Hotel Group Co.)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations of the Company to the Guarantor, whether such debts and obligations now exist or are hereafter incurred or arise, or whether the obligation of the Company thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations 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 Guarantorby. Except for payments permitted by the Credit Agreement, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the Guarantor shall have performed all of its obligations hereunder and under the Loan Documents other Security Instruments to which it is a party, the Guarantor shall not receive or collect, directly or indirectly, from the Company any amount upon the Guarantor Claims.

Appears in 3 contracts

Samples: Guaranty Agreement (United Meridian Corp), Guaranty Agreement (United Meridian Corp), Guaranty Agreement (United Meridian Corp)

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Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations of the Company Borrower to the Guarantor, whether such debts and obligations now exist or are hereafter incurred or arise, or whether the obligation of the debtor thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations 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 by. Guarantor agrees that any amount due and owing under the Guarantor. Except for payments permitted by Guarantor Claims is subordinated in right of payment, to the Credit Agreementextent and in the manner provided in this section, until to the payment, when due of the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the Guarantor shall have performed all of its obligations hereunder and under the Loan Documents to which it is a partyDocuments. Upon the occurrence and during the continuation of an Event of Default, the Guarantor shall not receive or collect, directly or indirectly, from the Company any obligor in respect thereof any amount upon the Guarantor Claims.

Appears in 3 contracts

Samples: Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Forest Oil Corp)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations of the Company Borrower to any of the GuarantorGuarantors, whether such debts and obligations now exist or are hereafter incurred or arise, or whether the obligation be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether the Person or Persons in whose favor such debts or obligations be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations may, at their inception, have been, or may hereafter be created, or the manner in which they have been or hereafter may hereafter be created, or the manner in which they have been or may be acquired by the relevant Guarantor. Except for to the extent set forth and allowed under Section 6.9 of the Agreement and to the extent of payments on Indebtedness permitted by under Section 6.7(c) of the Credit Agreement, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated full and the each Guarantor shall have performed all of its obligations hereunder and the Loan Documents to which it is a partyhereunder, the no Guarantor shall not receive or collect, directly or indirectly, from the Company Borrower any amount upon the any Guarantor ClaimsClaim owed to such Guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Primeenergy Corp), Primeenergy Corp

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations liabilities of the Company Borrower to the any Guarantor, whether such debts and obligations liabilities now exist or are hereafter incurred or arise, or whether the obligation obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations 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 obligations 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 GuarantorGrantor. Except for payments permitted by the Credit Agreement, until Until all commitments of any Purchaser to extend credit to Borrower shall have been terminated and the Obligations shall be indefeasibly paid and satisfied in full, the Aggregate Commitments are terminated and the in cash as to monetary Obligations, and each Guarantor shall have performed all of its obligations hereunder and the Loan Documents to which it is a partyhereunder, the no Guarantor shall not receive or collect, directly or indirectly, from the Company Borrower or any other party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Note Purchase Agreement (Ace Cash Express Inc/Tx)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and obligations of the Company Borrower to the Guarantor, whether such debts and obligations now exist or are hereafter incurred or arise, or whether the obligation of the Borrower thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or obligations be evidenced by note, contract, open account, or otherwise, and irrespective of the Person or Persons in whose favor such debts or obligations 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 Guarantorby. Except for payments permitted by the Credit Agreement, until the Obligations shall be paid and satisfied in full, the Aggregate Commitments are terminated and the Guarantor shall have performed all of its obligations hereunder and the Loan Documents to which it is a party, the Guarantor shall not receive or collect, directly or indirectly, from the Company any amount upon the Guarantor Claims.obligations

Appears in 1 contract

Samples: Guaranty Agreement (Corrida Resources Inc)

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