Common use of Subordination of Indemnification Clause in Contracts

Subordination of Indemnification. Notwithstanding anything to the contrary contained in this Article 12, the Partnership’s obligation to indemnify the Partners shall, for so long as there remains outstanding any indebtedness under any Senior Loan, be fully subordinated to such Senior Loan and shall not constitute a claim against the Partnership in the event that Available Cash or Net Liquidation Proceeds is insufficient to pay such obligation.

Appears in 3 contracts

Samples: Partnership Agreement, Partnership Agreement (Dividend Capital Total Realty Trust Inc.), Partnership Agreement (Dividend Capital Total Realty Trust Inc.)

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Subordination of Indemnification. Notwithstanding anything to the contrary contained in this Article 12, the Partnership’s 's obligation to indemnify the Partners shall, for so long as there remains outstanding any indebtedness under any Senior Loan, be fully subordinated to such Senior Loan and shall not constitute a claim against the Partnership in the event that Available Cash or Net Liquidation Proceeds is insufficient to pay such obligation.

Appears in 1 contract

Samples: Partnership Agreement (Dividend Capital Total Realty Trust Inc.)

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