Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any Transaction Agreement, and except as set forth in Section 9.7, each Issuer hereby expressly and irrevocably subordinates to payment of the Liabilities any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Liabilities are indefeasibly paid in full in cash. Each Issuer acknowledges and agrees that this subordination is intended to benefit each Purchaser and shall not limit or otherwise affect such Issuer's liability hereunder or the enforceability of this Section 9.4, and that each Purchaser and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 9.4.
Appears in 2 contracts
Samples: Purchase Agreement (U S Realtel Inc), Purchase Agreement (U S Realtel Inc)
Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any Transaction Agreementof the other Related Documents, and except as set forth in Section 9.712.6, each Issuer Borrower hereby expressly and irrevocably subordinates to payment of the Liabilities any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Liabilities are indefeasibly paid in full in cashfull. Each Issuer acknowledges of the Borrowers acknowledge and agrees agree that this subordination is intended to benefit each Purchaser Lender and shall not limit or otherwise affect such Issuer's Borrowers’ liability hereunder or the enforceability of this Section 9.412, and that each Purchaser Lender and their respective its successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 9.412.3.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement