Common use of Subordination of All Guarantor Claims Clause in Contracts

Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower or any Subsidiary of the Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligation of the Borrower 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 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 any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower or any Subsidiary of the Borrower arising as a result of subrogation or otherwise as a result of such Guarantor’s payment of all or a portion of the Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\)

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Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts Debts and liabilities of the Borrower or any Subsidiary of the Borrower Borrowers to any Guarantor, whether such debts Debts and liabilities now exist or are hereafter incurred or arise, or whether the obligation of the Borrower or such Subsidiary 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 person or Persons 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 any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower or any Subsidiary of the Borrower Borrowers arising as a result of subrogation or otherwise as a result of such Guarantor’s payment of all or a portion of the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (North American Galvanizing & Coatings Inc), Credit Agreement (North American Galvanizing & Coatings Inc)

Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower Parent or any Subsidiary of the Borrower Parent to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligation of the Borrower Parent 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 created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower Parent or any Subsidiary of the Borrower Parent arising as a result of subrogation or otherwise as a result of such Guarantor’s payment of all or a portion of the Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\)

Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower or any Subsidiary of the Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligation of the Borrower 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 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 any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower or any Subsidiary of the Borrower arising as a result of subrogation or otherwise as a result of such Guarantor’s payment of all or a portion of the Obligations.

Appears in 1 contract

Samples: Credit Agreement (Willbros Group, Inc.\NEW\)

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Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean means all debts and liabilities of the Borrower or any Subsidiary of the a Borrower to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligation of the a Borrower 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 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 any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower or any Subsidiary of the a Borrower arising as a result of subrogation or otherwise as a result of such Guarantor’s payment of all or a portion of the Obligations. If an Event of Default has occurred and is continuing, then no Guarantor shall receive or collect, directly or indirectly, from a Borrower or any other party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Canadian Revolving Credit Agreement (Brown Tom Inc /De)

Subordination of All Guarantor Claims. (a) As used herein, the term “Guarantor Claims” shall mean all debts and liabilities of the Borrower and Property Owner, Principal or any Subsidiary of the Borrower Operating Lessee to any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligation obligations of the Borrower or such Subsidiary and Property Owner 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 created, or the manner in which they have been or may hereafter be acquired by any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of any Guarantor against the Borrower or any Subsidiary of the Borrower and Property Owner (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. Until repayment in full of the Debt, Guarantor shall not receive or collect, directly or indirectly, from Borrower or Property Owner any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Guaranty Agreement (ESH Hospitality, Inc.)

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