Common use of Subordination of All Guarantor Claims Clause in Contracts

Subordination of All Guarantor Claims. (a) As used herein, “Guarantor Claims” means all debts and liabilities of Borrower or any other obligor to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations are 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 Guarantor. The Guarantor Claims shall be, and such indebtedness is, hereby deferred, postponed and subordinated to the prior payment in full of the Debt. Until payment in full of the Debt (and including interest accruing on the Note after the commencement of a proceeding by or against Borrower under applicable Creditor’s Rights Laws, which interest Guarantor agrees shall remain

Appears in 4 contracts

Samples: Guaranty of Non Recourse Carveouts (Independence Realty Trust, Inc), Guaranty of Non Recourse Carveouts (Independence Realty Trust, Inc), Guaranty of Non Recourse Carveouts (Independence Realty Trust, Inc)

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Subordination of All Guarantor Claims. (a) As used herein, the term "Guarantor Claims” means " shall mean all debts and liabilities of Borrower or any other obligor to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations are of 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 Guarantor. The Guarantor Claims Except as otherwise allowed under the Loan Agreement, until the Obligations shall bebe paid and satisfied in full, and such indebtedness isin cash as to monetary Obligations, hereby deferredand Guarantor shall have performed all of its obligations hereunder, postponed and subordinated to Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other party any amount upon the prior payment in full of the Debt. Until payment in full of the Debt (and including interest accruing on the Note after the commencement of a proceeding by or against Borrower under applicable Creditor’s Rights Laws, which interest Guarantor agrees shall remainClaims.

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. (a) As used herein, the term “Guarantor Claims” means shall mean all debts and liabilities obligations of the Borrower or any other obligor to the Guarantor, whether such debts and liabilities obligations now exist or are hereafter incurred or arise, or whether the obligations are obligation of the debtor thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and irrespective of whether such debts or liabilities obligations 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 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 Guarantorby. The Guarantor agrees that any amount due and owing under the Guarantor Claims shall beis subordinated in right of payment, and such indebtedness is, hereby deferred, postponed and subordinated to the prior payment extent and in full the manner provided in this section, to the payment, when due of the DebtObligations under the Loan Documents. Until payment Upon the occurrence and during the continuation of an Event of Default, the Guarantor shall not receive or collect, directly or indirectly, from any obligor in full of respect thereof any amount upon the Debt (and including interest accruing on the Note after the commencement of a proceeding by or against Borrower under applicable Creditor’s Rights Laws, which interest Guarantor agrees shall remainClaims.

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. (a) As used herein, the term “Guarantor Claims” means shall mean all debts and liabilities obligations of the Borrower or to any other obligor to Guarantorof the Guarantors, whether such debts and liabilities obligations now exist or are hereafter incurred or arise, or whether the obligations are 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 liabilities obligations 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 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. The Guarantor Claims shall be, and such indebtedness is, hereby deferred, postponed and subordinated Except to the prior payment extent set forth and allowed under Section 6.9 of the Agreement and to the extent of payments on Indebtedness permitted under Section 6.7(c) of the Agreement, until the Obligations shall 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 Debt. Until payment in full of the Debt (and including interest accruing on the Note after the commencement of a proceeding by or against Borrower under applicable Creditor’s Rights Laws, which interest any amount upon any Guarantor agrees shall remainClaim owed to such Guarantor.

Appears in 2 contracts

Samples: Credit Agreement (Primeenergy Corp), Guaranty (Primeenergy Corp)

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Subordination of All Guarantor Claims. (a) As used herein, the term "Guarantor Claims” means " shall mean all debts and liabilities of Borrower or to any other obligor to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, or whether the obligations are of 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 GuarantorGrantor. The Guarantor Claims Until all commitments of any Purchaser to extend credit to Borrower shall behave been terminated and the Obligations shall be indefeasibly paid and satisfied in full, and such indebtedness isin cash as to monetary Obligations, hereby deferredand each Guarantor shall have performed all of its obligations hereunder, postponed and subordinated to no Guarantor shall receive or collect, directly or indirectly, from Borrower or any other party any amount upon the prior payment in full of the Debt. Until payment in full of the Debt (and including interest accruing on the Note after the commencement of a proceeding by or against Borrower under applicable Creditor’s Rights Laws, which interest Guarantor agrees shall remainClaims.

Appears in 1 contract

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

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