Common use of Subordination of Subrogation, Etc Clause in Contracts

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)

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Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any Transaction Related Agreement, and except as set forth in Section 9.7SECTION 12.8, each Issuer Obligor hereby expressly and irrevocably subordinates to payment of the Liabilities Obligations 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 Obligations are indefeasibly paid in full in cash. Each Issuer Obligor acknowledges and agrees that this subordination waiver is intended to benefit each Purchaser Lender and shall not limit or otherwise affect such IssuerObligor's liability hereunder or the enforceability of this Section 9.4SECTION 12, 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 9.4SECTION 12.

Appears in 2 contracts

Samples: Credit Agreement (Media Arts Group Inc), Credit Agreement (Levine Leichtman Capital Partners Lp)

Subordination of Subrogation, Etc. Notwithstanding anything to the --------------------------------- contrary in this Agreement or in any Transaction Agreementother Loan Document, and except as set forth in Section 9.711.7, each Issuer Borrower hereby expressly and irrevocably subordinates to the payment of the Liabilities Obligations 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 Obligations are indefeasibly paid in full in cash. Each Issuer Borrower acknowledges and agrees that this subordination waiver is intended to benefit each Purchaser Lender and shall not limit or otherwise affect such IssuerBorrower's liability hereunder or the enforceability of this Section 9.411, 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 9.411.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Nutrition for Life International Inc)

Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any Transaction Agreementof the other Loan Documents, and except as set forth in Section 9.713.7, each Issuer Borrowers hereby expressly and irrevocably subordinates to payment of the Liabilities Obligations 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 Obligations 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 Bank and shall not limit or otherwise affect such Issuer's Borrowers’ liability hereunder or the enforceability of this Section 9.413, and that each Purchaser Bank and their respective its successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 9.413.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeway Foods Inc)

Subordination of Subrogation, Etc. Notwithstanding anything to the ---------------------------- contrary in this Agreement or in any Transaction Agreementother Loan Document, and except as set forth in Section 9.711.7, each Issuer Borrower hereby expressly and irrevocably subordinates to payment of the Liabilities Obligations 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 Obligations are indefeasibly paid in full in cash. Each Issuer Borrower acknowledges and agrees that this subordination waiver is intended to benefit each Purchaser Lender and shall not limit or otherwise affect such IssuerBorrower's liability hereunder or the enforceability of this Section 9.411, 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 9.411.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Cd Warehouse Inc)

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Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any Transaction Agreementother Loan Document, and except as set forth in Section 9.7SECTION 14.10, each Issuer Borrower hereby expressly and irrevocably subordinates to payment of the Liabilities Obligations 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 Obligations are indefeasibly paid in full in cash. Each Issuer Borrower acknowledges and agrees that this subordination is intended to benefit each Purchaser Lender and shall not limit or otherwise affect such IssuerBorrower's liability hereunder or the enforceability of this Section 9.4SECTION 14, 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 9.4SECTION 14.7.

Appears in 1 contract

Samples: Credit and Security Agreement (Unapix Entertainment Inc)

Subordination of Subrogation, Etc. Notwithstanding anything to the ---------------------------------- contrary in this Agreement or in any Transaction Agreementother Loan Document, and except as set forth in Section 9.711.7, each Issuer Borrower hereby expressly and irrevocably subordinates to the payment of the Liabilities Obligations 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 Obligations are indefeasibly paid in full in cash. Each Issuer Borrower acknowledges and agrees that this subordination waiver is intended to benefit each Purchaser Lender and shall not limit or otherwise affect such IssuerBorrower's liability hereunder or the enforceability of this Section 9.411, 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 9.411.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Nutraceuticals Inc/Tx)

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