Subordination of Other Obligations. Any indebtedness of any Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders and shall forthwith be paid over to Agent to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8.
Appears in 2 contracts
Samples: Loan and Security Agreement (Us Concrete Inc), Loan and Security Agreement (Us Concrete Inc)
Subordination of Other Obligations. Any indebtedness Indebtedness of any Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness collected or received by the Obligee such Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders Lender and shall forthwith be paid over to Agent Lender to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee such Guarantor under any other provision hereof. 14.8.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Aspen Group, Inc.)
Subordination of Other Obligations. Any indebtedness Indebtedness of any Borrower or any Guarantor the Company now or hereafter held by any the Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness Indebtedness collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders the Lender and shall forthwith be paid over to Agent the Lender to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8.
Appears in 2 contracts
Samples: Credit Agreement (Montpelier Re Holdings LTD), Credit Agreement (Montpelier Re Holdings LTD)
Subordination of Other Obligations. Any indebtedness Indebtedness of any the Borrower or any other Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby shall be subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness collected or received by as set forth in the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders and shall forthwith be paid over to Agent to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8Intercreditor Agreement.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Home Inns & Hotels Management Inc.)
Subordination of Other Obligations. Any indebtedness of any Borrower or any Guarantor now ---------------------------------- or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Guarantied Obligations, and any such indebtedness of Borrower to such Guarantor collected or received by the Obligee such Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Collateral Agent and Lenders on behalf of Beneficiaries and shall forthwith be paid over to Collateral Agent for the benefit of Beneficiaries to be credited and applied against the Guaranteed Guarantied Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee such Guarantor under any other provision hereof. 14.8of this Guaranty.
Appears in 2 contracts
Samples: Subsidiary Guaranty (Total Renal Care Holdings Inc), Subsidiary Guaranty (Total Renal Care Holdings Inc)
Subordination of Other Obligations. Any indebtedness of any Borrower or any Guarantor now or hereafter held by any the Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Guarantied Obligations, and any such indebtedness of any Borrower to the Guarantor collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders the Bank and shall forthwith be paid over to Agent the Bank to be credited and applied against the Guaranteed Guarantied Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8of this Guaranty.
Appears in 1 contract
Samples: Subsidiary Guaranty Agreement (Systems & Computer Technology Corp)
Subordination of Other Obligations. Any indebtedness Indebtedness of any Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Non-US Guaranteed Obligations and Guaranteed Obligations, and any such indebtedness collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders and shall forthwith be paid over to Agent to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8.Administrative Agent
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)
Subordination of Other Obligations. Any indebtedness of any the Borrower or any Guarantor now or hereafter held by any the Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Guarantied Obligations, and any such indebtedness collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders the Bank and shall forthwith be paid over to Agent the Bank to be credited and applied against the Guaranteed Guarantied Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8of this Guaranty.
Appears in 1 contract
Subordination of Other Obligations. Any indebtedness Indebtedness of any the Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness Indebtedness collected or received by the Obligee any Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and the Lenders and shall forthwith be paid over to Agent the Lenders to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee such Guarantor under any other provision hereof. 14.8.
Appears in 1 contract
Samples: Guaranty (Fat Brands, Inc)
Subordination of Other Obligations. Any indebtedness of any Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness collected or received by the Obligee any Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders the Guaranteed Party and shall forthwith be paid over to Agent the Guaranteed Party to be credited and applied against the Guaranteed Obligations Obligations, but without affecting, impairing or limiting in any manner the liability of the Obligee any Guarantor under any other provision hereof. 14.8provisions of this Guaranty.
Appears in 1 contract
Samples: Guaranty (RMH Teleservices Inc)
Subordination of Other Obligations. Any indebtedness of any the Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Guarantied Obligations, and any such indebtedness of the Borrower to such Guarantor collected or received by the Obligee such Guarantor after an Event of Default has occurred and while it is continuing shall be held in trust for Agent and on behalf of Lenders and shall forthwith be paid over to Agent for the benefit of Lenders to be credited and applied against the Guaranteed Guarantied Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee such Guarantor under any other provision hereof. 14.8of this Guaranty.
Appears in 1 contract
Samples: Credit Agreement (FWT Inc)
Subordination of Other Obligations. Any indebtedness Debt of any the Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness collected or received by the Obligee such Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders the Guaranty Beneficiaries and shall forthwith be paid over to Agent the Guaranty Beneficiaries to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee such Guarantor under any other provision hereof. 14.8.
Appears in 1 contract
Subordination of Other Obligations. Any indebtedness of any Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed ObligationsIndebtedness, and except as otherwise set forth in any Subordination Agreement entered into by Guarantor for the benefit of Lender, any such indebtedness collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders Lender and shall forthwith be paid over to Agent Lender to be credited and applied against the Guaranteed Obligations Indebtedness but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8of this Guaranty.
Appears in 1 contract
Samples: Continuing Guaranty (Air T Inc)
Subordination of Other Obligations. Any indebtedness of any the Borrower or any Guarantor now or hereafter held by any the Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness of the Borrower to the Guarantor collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders the Lender and shall forthwith be paid over to Agent the Lender to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8of this Guaranty.
Appears in 1 contract
Samples: Subsidiary Guaranty (Covad Communications Group Inc)
Subordination of Other Obligations. Any indebtedness of any Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Guarantied Obligations, and any such indebtedness of Borrower to Guarantor collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders Lender and shall forthwith be paid over to Agent Lender to be credited and applied against the Guaranteed Guarantied Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8of this Guaranty.
Appears in 1 contract
Samples: Unconditional Guaranty of Payment (Electro Scientific Industries Inc)
Subordination of Other Obligations. Any indebtedness of any Borrower or any Guarantor Tenant now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness of Tenant to Guarantor collected or received by the Obligee Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders Landlord and shall forthwith be paid over to Agent Landlord to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee Guarantor under any other provision hereof. 14.8of this Guaranty.
Appears in 1 contract
Samples: Lease Agreement (Simclar Inc)
Subordination of Other Obligations. Any indebtedness Indebtedness of any the Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness Indebtedness collected or received by the Obligee any Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Agent and Lenders the Lender and shall forthwith be paid over to Agent the Lender to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee such Guarantor under any other provision hereof. 14.8.
Appears in 1 contract
Samples: Guaranty (Fat Brands, Inc)
Subordination of Other Obligations. Any indebtedness Indebtedness of any Borrower or any Guarantor now or hereafter held by any Guarantor (the “Obligee Guarantor”) is hereby subordinated in right of payment to the Guaranteed Obligations, and any such indebtedness collected or received by the Obligee such Guarantor after an Event of Default has occurred and is continuing shall be held in trust for Administrative Agent and Lenders on behalf of Beneficiaries and shall forthwith be paid over to Administrative Agent for the benefit of Beneficiaries to be credited and applied against the Guaranteed Obligations but without affecting, impairing or limiting in any manner the liability of the Obligee such Guarantor under any other provision hereof. 14.8.
Appears in 1 contract