Common use of Subordination of Guarantor Claims Clause in Contracts

Subordination of Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean, with respect to a Guarantor, all debts and liabilities of Borrower to such Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and whether the obligations 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 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 such Guarantor. The Guarantor Claims shall include all rights and claims of the applicable Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such Guarantor’s payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be paid and satisfied in full and Guarantors shall have performed all of their obligations hereunder, neither Guarantor shall, at any time an Event of Default exists, receive or collect, directly or indirectly, from Borrower or any other Person any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Guaranty Agreement (Prologis, L.P.)

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Subordination of Guarantor Claims. As used herein, the term “Guarantor Claims” "GUARANTOR CLAIMS" shall mean, with respect to a Guarantor, mean all debts and liabilities of Borrower to such Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account account, or otherwise, and irrespective of the Person person or persons in whose favor such debts or liabilities may, at their inception, have been been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by such Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the applicable Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such Guarantor’s 's payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be paid and satisfied in full and Guarantors Guarantor shall have performed all of their its obligations hereunder, neither Guarantor shall, at any time an Event of if a Potential Default or Default exists, then Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other Person party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

Subordination of Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean, with respect to a Guarantor, mean all debts and liabilities of Borrower to such any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account account, or otherwise, and irrespective of the Person person or persons in whose favor such debts or liabilities may, at their inception, have been been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by such any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the applicable each Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such any Guarantor’s payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be paid and satisfied in full and Guarantors shall have performed all of their obligations hereunder, neither Guarantor shall, at any time an if a Potential Default or Event of Default exists, then Guarantors shall not receive or collect, directly or indirectly, from Borrower or any other Person party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Subordination of Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean, with respect to a Guarantor, mean all debts and liabilities of Borrower to such any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account account, or otherwise, and irrespective of the Person person or persons in whose favor such debts or liabilities may, at their inception, have been been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by such any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the applicable any Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such Guarantor’s 's payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be paid and satisfied in full and Guarantors each Guarantor shall have performed all of their its obligations hereunder, neither Guarantor shall, at any time an Event of if a Potential Default or Default exists, then no Guarantor shall receive or collect, directly or indirectly, from Borrower or any other Person party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Loan Agreement (Camden Property Trust)

Subordination of Guarantor Claims. As used herein, the term “Guarantor Claims” "GUARANTOR CLAIMS" shall mean, with respect to a Guarantor, mean all debts and liabilities of Borrower to such any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account account, or otherwise, and irrespective of the Person person or persons in whose favor such debts or liabilities may, at their inception, have been been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by such any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the applicable each Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such any Guarantor’s 's payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be paid and satisfied in full and Guarantors each Guarantor shall have performed all of their its obligations hereunder, neither Guarantor shall, at any time an if a Potential Default or Event of Default exists, then Guarantors shall not receive or collect, directly or indirectly, from Borrower or any other Person party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

Subordination of Guarantor Claims. As used herein, the term "Guarantor Claims" shall mean, with respect to a Guarantor, mean all debts and liabilities of Borrower to such any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account account, or otherwise, and irrespective of the Person person or persons in whose favor such debts or liabilities may, at their inception, have been been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by such any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the applicable each Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such any Guarantor’s 's payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be paid and satisfied in full and Guarantors shall have performed all of their obligations hereunder, neither Guarantor shall, at any time an if a Potential Default or Event of Default exists, then Guarantors shall not receive or collect, directly or indirectly, from Borrower or any other Person party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Subordination of Guarantor Claims. As used herein, the term “Guarantor Claims” "GUARANTOR CLAIMS" shall mean, with respect to a Guarantor, mean all debts and liabilities of Borrower to such any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account account, or otherwise, and irrespective of the Person person or persons in whose favor such debts or liabilities may, at their inception, have been been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by such any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the applicable each Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such any Guarantor’s 's payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be indefeasibly paid and satisfied in full full, the termination or expiration of all Letters of Credit and the Total Revolving Credit Commitment, and Guarantors shall have performed all of their obligations hereunder, neither Guarantor shall, at any time an if a Default or Event of Default exists, then Guarantors shall not receive or collectcollect , directly or indirectly, from Borrower or any other Person party any amount upon the Guarantor ClaimsClaims (other than payments in the ordinary course of business).

Appears in 1 contract

Samples: Revolving Credit Agreement (Horton D R Inc /De/)

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Subordination of Guarantor Claims. As used herein, the term “Guarantor Claims” "GUARANTOR CLAIMS" shall mean, with respect to a Guarantor, mean all debts and liabilities of Borrower to such any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account account, or otherwise, and irrespective of the Person person or persons in whose favor such debts or liabilities may, at their inception, have been been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by such any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the applicable each Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such any Guarantor’s 's payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be paid and satisfied in full and Guarantors shall have performed all of their obligations hereunder, neither Guarantor shall, at any time an if a Potential Default or Event of Default exists, then Guarantors shall not receive or collect, directly or indirectly, from Borrower or any other Person party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Credit Agreement (Trammell Crow Co)

Subordination of Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean, with respect to a Guarantor, mean all debts and liabilities of Borrower to such any Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account account, or otherwise, and irrespective of the Person person or persons in whose favor such debts or liabilities may, at their inception, have been been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by such any Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the applicable each Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such any Guarantor’s payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be paid and satisfied in full and Guarantors shall have performed all of their obligations hereunder, neither Guarantor shall, at any time an Event of if a Default exists, then Guarantors shall not receive or collect, directly or indirectly, from Borrower or any other Person party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Subordination of Guarantor Claims. As used herein, the term “Guarantor Claims” shall mean, with respect to a Guarantor, mean all debts and liabilities of Borrower to such Guarantor, whether such debts and liabilities now exist or are hereafter incurred or arise, and or whether the obligations of Borrower thereon be direct, contingent, primary, secondary, several, joint and several several, or otherwise, and irrespective of whether such debts or liabilities be evidenced by note, contract, open account account, or otherwise, and irrespective of the Person person or persons in whose favor such debts or liabilities may, at their inception, have been been, or may hereafter be created, or the manner in which they have been or may hereafter be acquired by such Guarantor. The Guarantor Claims shall include without limitation all rights and claims of the applicable Guarantor against Borrower (arising as a result of subrogation or otherwise) as a result of such Guarantor’s payment of all or a portion of the Guaranteed Debt. Until the Guaranteed Debt shall be paid and satisfied in full and Guarantors Guarantor shall have performed all of their its obligations hereunder, neither Guarantor shall, at any time an Event of if a Default exists, then Guarantor shall not receive or collect, directly or indirectly, from Borrower or any other Person party any amount upon the Guarantor Claims.

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

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