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 Tenant to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations of Tenant thereon be direct, contingent, primary, secondary, several, joint and several, or otherwise, and 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 include, without limitation, all rights and claims of Guarantor against Tenant (arising as a result of subrogation or otherwise) as a result of Guarantor's payment of all or a portion of the Guaranteed Obligations. So long as any portion of the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall receive or collect, directly or indirectly, from Tenant or any other Person any amount upon the Guarantor Claims.

Appears in 2 contracts

Samples: Lease (Terra Tech Corp.), Guaranty (Terra Tech Corp.)

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Subordination of All Guarantor Claims. As used herein, the term "Guarantor ClaimsGUARANTOR CLAIMS" shall mean all debts and liabilities of Tenant Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Tenant 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, be created, or the manner in which they have been, been or may hereafter be, be acquired by Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of Guarantor against Tenant Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor's payment of all or a portion of the Guaranteed Obligations. So long as any portion Upon the occurrence of the Obligations or the Guaranteed Obligations remain outstandingan Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Tenant Borrower or any other Person party any amount upon the Guarantor Claims.

Appears in 2 contracts

Samples: Guaranty of Payment (Skilled Healthcare Group Inc), Mezzanine Guaranty of Payment (Skilled Healthcare Group Inc)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor ClaimsGUARANTOR CLAIMS" shall mean all debts and liabilities of Tenant Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Tenant 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, be created, or the manner in which they have been, been or may hereafter be, be acquired by Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of Guarantor against Tenant Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor's payment of all or a portion of the Guaranteed Obligations. So long as any portion of the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall receive or collect, directly or indirectly, from Tenant or any other Person any amount upon the Guarantor Claims.Guaranteed

Appears in 2 contracts

Samples: Guaranty Agreement (Skilled Healthcare Group Inc), Guaranty Agreement (Skilled Healthcare Group Inc)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and liabilities obligations of Tenant the Borrower to the Guarantor, whether such debts and liabilities obligations now exist or are hereafter incurred or arise, and or whether the obligations obligation of Tenant the Borrower 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 or Persons in whose favor such debts or liabilities obligations may, at their inception, have been, or may hereafter be, be created, or the manner in which they have been, been or may hereafter bebe acquired by. Except for payments permitted by the Credit Agreement, acquired by Guarantor. The Guarantor Claims shall include, without limitation, all rights and claims of Guarantor against Tenant (arising as a result of subrogation or otherwise) as a result of Guarantor's payment of all or a portion of the Guaranteed Obligations. So long as any portion of until the Obligations or shall be paid and satisfied in full, the Guaranteed Obligations remain outstanding, no Aggregate Commitments are terminated and the Guarantor shall receive or collect, directly or indirectly, from Tenant or any other Person any amount upon the Guarantor Claims.have performed all of its obligations

Appears in 1 contract

Samples: Guaranty Agreement (Corrida Resources Inc)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and liabilities of Tenant Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Tenant 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 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 Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of Guarantor against Tenant Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor's payment of all or a portion of the Guaranteed Obligations. So long as any portion of All Guarantor Claims are and shall remain subordinate to the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall receive or collect, directly or indirectly, from Tenant or any other Person any amount upon the Guarantor ClaimsLoan.

Appears in 1 contract

Samples: Guaranty (Charming Shoppes Inc)

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Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and liabilities of Tenant Company to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations obligation of Tenant Company 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 Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of Guarantor against Tenant (Company arising as a result of subrogation or otherwise) otherwise as a result of Guarantor's payment of all or a portion of the Guaranteed ObligationsLiabilities. So long as During the continuance of any portion of the Obligations or the Guaranteed Obligations remain outstandingDefault, no Guarantor shall not receive or collect, directly or indirectly, from Tenant Company or any other Person party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Guaranty Agreement (Titan Exploration Inc)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and liabilities of Tenant Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Tenant 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 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 Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of Guarantor against Tenant Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor's ’s payment of all or a portion of the Guaranteed Obligations. So long as any portion of All Guarantor Claims are and shall be subordinate to the Obligations or the Guaranteed Obligations remain outstanding, no Guarantor shall receive or collect, directly or indirectly, from Tenant or any other Person any amount upon the Guarantor ClaimsLoan.

Appears in 1 contract

Samples: Recourse Guaranty (TNP Strategic Retail Trust, Inc.)

Subordination of All Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean all debts and liabilities of Tenant Borrower to Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Tenant thereon such parties 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 Guarantor. The Guarantor Claims shall include, include without limitation, limitation all rights and claims of Guarantor against Tenant Borrower (arising as a result of subrogation or otherwise) as a result of Guarantor's ’s payment of all or a portion of the Guaranteed Obligations. So long as any portion During the continuance of the Obligations or the Guaranteed Obligations remain outstandingan Event of Default, no Guarantor shall not receive or collect, directly or indirectly, from Tenant or any other Person Borrower any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Guaranty Agreement (Hilton Worldwide Holdings Inc.)

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