Common use of Subordination, Subrogation, Etc Clause in Contracts

Subordination, Subrogation, Etc. Each Guarantor agrees that any present or future indebtedness, obligations or liabilities of the Company to any Guarantor shall be fully subordinate and junior in right and priority of payment to any present or future indebtedness, obligations or liabilities of the Company to the Noteholders. Each Guarantor waives any right of subrogation to the rights of the Noteholders against the Company or any other Person obligated for payment of the Guarantied Obligations and any right of reimbursement, contribution or indemnity whatsoever (including, without limitation, any such right as against any other guarantor) arising or accruing out of any payment that any Guarantor may make pursuant to this Guaranty, and any right of recourse to security for the debts and obligations of the Company, unless and until the entire amount of the Guarantied Obligations shall have been paid in full.

Appears in 14 contracts

Samples: Note Purchase Agreement (Tiffany & Co), Note Purchase and Private Shelf Agreement (Tiffany & Co), Note Purchase and Private Shelf Agreement (Tiffany & Co)

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Subordination, Subrogation, Etc. Each Guarantor agrees that any present or future indebtedness, obligations or liabilities of the Company any Borrower to any such Guarantor shall be fully subordinate and junior in right and priority of payment to any present or future indebtedness, obligations or liabilities of the Company Borrower to the NoteholdersBanks and the Agent. Each Guarantor waives any right of subrogation to the rights of any Bank or the Noteholders Agent against the Company any Borrower or any other Person person obligated for payment of the Guarantied Guaranteed Obligations and any right of reimbursement, contribution reimbursement or indemnity whatsoever (including, without limitation, any such right as against any other guarantor) arising or accruing out of any payment that any which the Guarantor may make pursuant to this GuarantyAgreement and the Notes, and any right of recourse to security for the debts and obligations of the Companyany Borrower, unless and until the entire amount principal balance of and interest on the Guarantied Guaranteed Obligations shall have been paid in full.

Appears in 4 contracts

Samples: 364 Day Loan Agreement (Jabil Circuit Inc), Loan Agreement (Jabil Circuit Inc), Loan Agreement (Jabil Circuit Inc)

Subordination, Subrogation, Etc. Each Guarantor agrees that any present or future indebtedness, obligations or liabilities of the Company to any such Guarantor shall be fully subordinate and junior in right and priority of payment to any present or future indebtedness, obligations or liabilities of the Company to the Noteholders. Each Guarantor waives any right of subrogation to the rights of the Noteholders against the Company or any other Person obligated for payment of the Guarantied Obligations and any right of reimbursement, contribution or indemnity whatsoever (including, without limitation, any such right as against any other guarantorGuarantor) arising or accruing out of any payment that any such Guarantor may make pursuant to this GuarantyAgreement, and any right of recourse to security for the debts and obligations of the Company, unless and until the entire amount of the Guarantied Obligations shall have been paid in full.

Appears in 3 contracts

Samples: Mortgage, Assignment of Rents and Security Agreement (Spectran Corp), Open End Mortgage, Assignment of Rents and Security Agreement (Spectran Corp), Guaranty Agreement (Kroll O Gara Co)

Subordination, Subrogation, Etc. Each Guarantor agrees that any present or future indebtedness, obligations or liabilities of the Company or any Account Party to any Guarantor shall be fully subordinate and junior in right and priority of payment to any present or future indebtedness, obligations or liabilities of the Company and the Account Parties to the NoteholdersLender. Each Guarantor waives any right of subrogation to the rights of the Noteholders Lender against the Company Company, the Account Parties or any other Person person obligated for payment of the Guarantied Guaranteed Obligations and any right of reimbursement, contribution reimbursement or indemnity whatsoever (including, without limitation, any such right as against any other guarantor) arising or accruing out of any payment that which any Guarantor may make pursuant to this Guarantythe Loan Documents, and any right of recourse to security for the debts and obligations of the CompanyCompany and the Account Parties, unless and until the entire amount principal balance of and interest on the Guarantied Guaranteed Obligations shall have been paid in full.

Appears in 3 contracts

Samples: Credit Agreement (First Mercury Financial Corp), Credit Agreement (First Mercury Financial Corp), Credit Agreement (First Mercury Financial Corp)

Subordination, Subrogation, Etc. Each Guarantor agrees that any present or future indebtedness, obligations or liabilities of the Company to any Guarantor shall be fully subordinate and junior in right and priority of payment to any present or future indebtedness, obligations or liabilities of the Company to the NoteholdersLenders and the Agent. Each Guarantor waives any right of subrogation to the rights of any Lender or the Noteholders Agent against the Company or any other Person person obligated for payment of the Guarantied Guaranteed Obligations and any right of reimbursement, contribution reimbursement or indemnity whatsoever (including, without limitation, any such right as against any other guarantor) arising or accruing out of any payment that which any Guarantor may make pursuant to this GuarantyAgreement and the Notes, and any right of recourse to security for the debts and obligations of the Company, unless and until the entire amount of the Guarantied all Guaranteed Obligations shall have been paid in full.

Appears in 2 contracts

Samples: Credit Agreement (Aetna Industries Inc), Credit Agreement (MS Acquisition)

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Subordination, Subrogation, Etc. Each Guarantor agrees that any present or future indebtedness, obligations or liabilities of the Company to any Guarantor shall be fully subordinate and junior in right and priority of payment to any present or future indebtedness, obligations or liabilities of the Company to the NoteholdersBanks and the Agents. Each Guarantor waives any right of subrogation to the rights of the Noteholders any Bank or any Agent against the Company or any other Person person obligated for payment of the Guarantied Guaranteed Obligations and any right of reimbursement, contribution reimbursement or indemnity whatsoever (including, without limitation, any such right as against any other guarantor) arising or accruing out of any payment that which any Guarantor may make pursuant to this GuarantyAgreement and the Notes, and any right of recourse to security for the debts and obligations of the Company, unless and until the entire amount principal balance of and interest on the Guarantied Guaranteed Obligations shall have been paid in full.

Appears in 1 contract

Samples: Credit Agreement (Sos Staffing Services Inc)

Subordination, Subrogation, Etc. Each Guarantor agrees that any present or future indebtedness, obligations or liabilities of the Company to any Guarantor shall be fully subordinate and junior in right and priority of payment to any present or future indebtedness, obligations or liabilities of the Company to the NoteholdersBanks and the Agent. Each Guarantor waives any right of subrogation to the rights of any Bank or the Noteholders Agent against the Company or any other Person obligated for payment of the Guarantied Guaranteed Obligations and any right of reimbursement, contribution reimbursement or indemnity whatsoever (including, without limitation, any such right as against any other guarantor) arising or accruing out of any payment that which any Guarantor may make pursuant to this GuarantyAgreement and the Notes, and any right of recourse to security for the debts and obligations of the Company, unless and until the entire amount principal balance of and interest on the Guarantied Guaranteed Obligations shall have been paid in full.

Appears in 1 contract

Samples: Credit Agreement (National Wine & Spirits Inc)

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