Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 25 contracts
Samples: Indemnity, Subrogation and Contribution Agreement (Constar Inc), Indemnity, Subrogation and Contribution Agreement (Constar International Inc), Intercreditor Agreement (Hechinger Co)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 25 contracts
Samples: Credit Agreement (SunCoke Energy, Inc.), Guarantee and Collateral Agreement (Fairway Group Holdings Corp), Credit Agreement (William Lyon Homes)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) otherwise shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 23 contracts
Samples: Term Loan Credit Agreement (Deltic Timber Corp), Credit Agreement (FRP Holdings, Inc.), Credit Agreement (Patriot Transportation Holding, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 18 contracts
Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 Section 8 and 2 Section 9 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Guaranteed Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) otherwise shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 16 contracts
Samples: Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 14 contracts
Samples: Credit Agreement (Orbitz Worldwide, Inc.), Security Agreement (West Corp), Credit Agreement (Team Health Holdings Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of all the Secured Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 11 contracts
Samples: Term Guarantee Agreement (Installed Building Products, Inc.), First Lien Guarantee Agreement (Franchise Group, Inc.), Second Lien Guarantee Agreement (Franchise Group, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 9 contracts
Samples: Credit Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 9 contracts
Samples: Guarantee and Pledge Agreement, Guarantee Agreement (Cbre Group, Inc.), Credit Agreement (Cbre Group, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of all the Guaranteed Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 8 contracts
Samples: Collateral Agreement (Virtu Financial, Inc.), Master Guarantee Agreement (Endurance International Group Holdings, Inc.), Master Guarantee Agreement (Endurance International Group Holdings, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, but subject to Section 2.07, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of all the Guaranteed Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 7 contracts
Samples: Master Guarantee Agreement, Collateral Agreement (SMART Global Holdings, Inc.), Collateral Agreement (SMART Global Holdings, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the ObligationsObligations (other than contingent indemnification obligations for which no claim has been made). No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement (Community Health Systems Inc), Guarantee and Collateral Agreement (Community Health Systems Inc), Abl Intercreditor Agreement (Quorum Health Corp)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all each Guarantor hereby agrees not to exercise any rights of the Guarantors under Sections 1 3.01 and 2 and all 3.02 or any other rights of indemnity, contribution or subrogation under applicable law or otherwise in respect of payments hereunder unless and until all of the Obligations shall be fully subordinated to the indefeasible payment have been paid in full in cash of the Obligationscash. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 6 contracts
Samples: Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Form of Guarantee Agreement (American Axle & Manufacturing Holdings Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Subsidiary Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 6 contracts
Samples: Term Facility Guarantee and Collateral Agreement, Revolving Facility Guarantee and Collateral Agreement (Houghton Mifflin Harcourt Co), Intellectual Property Security Agreement (Houghton Mifflin Harcourt Co)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower any Borrower, Holdings or any other Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 5 contracts
Samples: Lease Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated and junior to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Guarantor under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Celanese CORP), Collateral Agreement (Celanese CORP), Guarantee and Collateral Agreement (Celanese CORP)
Subordination. (a) Notwithstanding any provision of this Guaranty Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 4 contracts
Samples: Guaranty Agreement (Willis Towers Watson PLC), Guaranty Agreement, Assignment and Assumption (Willis Towers Watson PLC)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Pledgor under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Guaranteed Obligations. No failure on the part of the Borrower Company or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 4 contracts
Samples: Lease Agreement (Chart Industries Inc), Lease Agreement (Chart Industries Inc), Guarantee and Collateral Agreement (Chart Industries Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Buffets Holdings, Inc.), Guarantee and Collateral Agreement (Ryan's Restaurant Leasing Company, LLC), Credit Agreement (Ryan's Restaurant Leasing Company, LLC)
Subordination. Notwithstanding (a)Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the ObligationsObligations (other than indemnification Obligations for which no claims have been made). No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Guarantee and Collateral Agreement (Sportsmans Warehouse Holdings Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Pledgor under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 3 contracts
Samples: And Collateral Agreement (TRW Automotive Holdings Corp), Collateral Agreement (Nalco Holding CO), Guarantee and Collateral Agreement (Nalco Energy Services Equatorial Guinea LLC)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Secured Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 3 contracts
Samples: Collateral Agreement (TransDigm Group INC), Collateral Agreement (TransDigm Group INC), Guarantee and Collateral Agreement (Transdigm Inc)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Subsidiary Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Subsidiary Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Subsidiary Guarantor with respect to its obligations hereunder, and each Subsidiary Guarantor shall remain liable for the full amount of the obligations of such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Gartner Inc), Subrogation and Contribution Agreement (Century Maintenance Supply Inc), Subrogation and Contribution Agreement (PSF Holdings LLC)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 8.1 and 2 8.2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Borrower Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 8.1 and 2 8.2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Foundation Building Materials, Inc.), Intercreditor Agreement (Forterra, Inc.), Intercreditor Agreement (Forterra, Inc.)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of all the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee Agreement (Verisign Inc/Ca), Credit Agreement (Verisign Inc/Ca)
Subordination. (a) Notwithstanding any provision of this Agreement Guaranty to the contrary, all rights of the Guarantors under Sections 1 2.01 and 2 2.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 2.01 and 2 2.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Ply Gem Holdings Inc
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.1 and 2 3.2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 3.1 and 2 3.2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and the Borrower and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee Agreement (T-Mobile US, Inc.), Guarantee Agreement (T-Mobile US, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the ObligationsLoan Document Obligations as determined in accordance with Section 7.14. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Intercreditor Agreement (Hawkeye Holdings, Inc.), Intercreditor Agreement (Hawkeye Holdings, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Pledgor under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash or immediately’ available funds of the ObligationsObligations (other than contingent or unliquidated obligations or liabilities). No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Affinion Loyalty Group, Inc.), Guarantee and Collateral Agreement (Affinion Loyalty Group, Inc.)
Subordination. (a) Notwithstanding any provision of this Credit Agreement to the contrary, all rights of the Guarantors under Sections 1 Section 9.7 and 2 9.8 and all other rights of indemnity, contribution or subrogation under applicable law Applicable Law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 9.7 and 2 9.8 (or any other payments required under applicable law Applicable Law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Lions Gate Entertainment Corp /Cn/), Credit and Guarantee Agreement (Lions Gate Entertainment Corp /Cn/)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated in right of payment to the indefeasible payment in full in cash of all the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunderObligations.
Appears in 2 contracts
Samples: Assignment and Acceptance (Hess Midstream Partners LP), Assignment and Acceptance (Hess Midstream Partners LP)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 8.1 and 2 8.2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 8.1 and 2 8.2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and the Borrower and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (T-Mobile US, Inc.), Guarantee and Collateral Agreement (T-Mobile US, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower Issuers or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Security Agreement (Shea Homes Limited Partnership), Security Agreement (Vistancia Marketing, LLC)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 10.01 and 2 10.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 10.01 and 2 10.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee, Collateral and Intercreditor Agreement (Network Communications, Inc.), Collateral and Intercreditor Agreement (Network Communications, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Secured Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC)
Subordination. Notwithstanding (a)Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Pledgor under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (TRW Automotive Inc), Guarantee and Collateral Agreement (TRW Automotive Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 8.1 and 2 8.2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Borrower Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 8.1 and 2 8.2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Intercreditor Agreement (Forterra, Inc.), Intercreditor Agreement (Forterra, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Grantors under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Secured Obligations. No failure on the part of the Borrower or any other Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other Guarantee and Collateral Agreement payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Crestwood Midstream Partners LP), Guarantee and Collateral Agreement (Crestwood Midstream Partners LP)
Subordination. Notwithstanding any provision of this Loan Agreement to the contrary, all rights of the Guarantors under Sections 1 Section 4.6 and 2 Section 4.7 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the ObligationsGuaranteed Obligations (other than inchoate indemnity obligations). No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) otherwise shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Loan Agreement (National Instruments Corp), Loan Agreement (National Instruments Corp /De/)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Holdings, any Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (American Standard Companies Inc), Day Credit Agreement (American Standard Companies Inc)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee Agreement, Credit Agreement (Supervalu Inc)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to and shall not be exercised prior to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunderany Guarantee, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunderunder each such Guarantee.
Appears in 2 contracts
Samples: Conversion Notes Registration Rights Agreement (Schein Pharmaceutical Inc), Conversion Notes Registration Rights Agreement (Danbury Pharmacal Puerto Rico Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 5.01 and 2 5.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the ObligationsJunior-Priority Obligations (other than contingent indemnification obligations for which no claim has been made). No failure on the part of the Borrower Company or any Guarantor to make the payments required by Sections 1 5.01 and 2 5.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Junior Priority Collateral Agreement (Community Health Systems Inc), Intercreditor Agreement (Community Health Systems Inc)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of all the Obligations. No failure on the part of the any Borrower or any other Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee Agreement (Amcor PLC), Guarantee Agreement (Amcor PLC)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors Guarantor under Sections 1 and 2 Section 6 and all other rights of indemnity, contribution or subrogation against the Borrower under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Guaranteed Obligations. No failure on the part of the Borrower or any the Guarantor to make the payments required by Sections 1 and 2 in Section 6 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any the Guarantor with respect to its obligations hereunder, and each the Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 2 contracts
Samples: Note Purchase Agreement (BELLUS Health Inc.), Note Purchase Agreement (BELLUS Health Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Pledgors under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Guaranteed Obligations. No failure on the part of the Borrower Company or any other Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. Notwithstanding any provision of this ------------- Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower any Borrower, Holdings or any other Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Pledgor under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Guaranteed Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Chart Industries Inc)
Subordination. (a) Notwithstanding any provision of this Agreement Guaranty to the contrary, all rights of the Guarantors under Sections 1 2.01 and 2 2.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Guaranteed Obligations. No failure on the part of the Borrower any Guaranteed Party or any Guarantor to make the payments required by Sections 1 2.01 and 2 2.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 8.1 and 2 8.2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 8.1 and 2 8.2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment Payment in full in cash Full of the Guaranteed Obligations. No failure on the part of the Borrower Issuer or any other Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (a) Notwithstanding any provision of -------------- this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower Company or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Wki Holding Co Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 5.01 and 2 5.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any other Guarantor to make the payments required by Sections 1 5.01 and 2 5.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Guaranteed Obligations. No failure on the part of the Crown Holdings, any Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 Section 3.01 and all other rights of indemnity, contribution or subrogation under applicable appli- cable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the ObligationsObli- gations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 and 2 Sec- tion 3.01 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations Obligations and liabilities of any Guarantor with respect to its obligations Obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations Obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Land O Lakes Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of all the Secured Obligations. No failure on the part of the Borrower or any other Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (Invacare Corp)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the CCSC, any Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Subrogation and Contribution Agreement (Crown Cork & Seal Co Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Grantors under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the ObligationsObligations (other than contingent indemnification obligations). No failure on the part of the Borrower or any other Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Loan Document Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Pacific Energy Resources LTD)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Secured Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (g) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Term Loan Credit Agreement (SunCoke Energy Partners, L.P.)
Subordination. Notwithstanding (a)Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 5.01 and 2 5.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any other Guarantor to make the payments required by Sections 1 5.01 and 2 5.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwiseother wise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Subrogation and Contribution Agreement (Ryder TRS Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise other- wise shall be fully subordinated to the indefeasible payment in full in cash of all the ObligationsSecured Obligations (other than contingent indemnification obligations). No failure on the part of the Borrower or any Guarantor Guar- antor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower Company or any other Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (Kla Tencor Corp)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Pledgor under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Foundation Coal Holdings, Inc.)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower Borrowers or any Guarantor to 264 make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Crown Holdings, any Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 2.01 and 2 2.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the ObligationsObligations (other than those expressly stated to survive the Maturity Date). No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 2.01 and 2 2.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 1 contract
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.1 and 2 6.2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.1 and 2 6.2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (Knoll Inc)
Subordination. (h) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Rentech Inc /Co/)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 8.1 and 2 8.2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Borrower Obligations. No failure on the part of the US Borrower or any Guarantor to make the payments required by Sections 1 8.1 and 2 8.2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the its obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (Continental Building Products, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunderany Obligation, and each Guarantor shall remain liable for the full amount of the obligations Obligations of such Guarantor hereunderGuarantor.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Wix Filtration Media Specialists, Inc.)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation of the Pledgors under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Guaranteed Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (Dresser Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations Obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Xm Investment LLC)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 18.6 and 2 18.7 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligationspayment obligations hereunder. No failure on the part of the Borrower Company or any Guarantor to make the payments required by Sections 1 18.6 and 2 18.7 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunderany Note Guarantee, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunderunder each such Note Guarantee.
Appears in 1 contract
Samples: Electroglas Inc
Subordination. (a) Notwithstanding any provision of this ------------- Agreement to the contrary, all rights of the Guarantors under Sections 1 6.01 and 2 6.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 6.01 and 2 6.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (Armkel LLC)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 and 2 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to constitute Secondary Subordinated Obligations under, and as defined in, the indefeasible payment in full in cash of the ObligationsSubordination Agreement. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 and 2 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Common Agreement (Velocom Inc)
Subordination. Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 5.01 and 2 5.02 and all other rights of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of the Obligations. No failure on the part of the any Borrower or any Guarantor to make the payments required by Sections 1 5.01 and 2 5.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Pledge Agreement (Cb Richard Ellis Group Inc)
Subordination. (a) Notwithstanding any provision of this Agreement to the contrary, all rights of the Guarantors under Sections 1 3.01 and 2 3.02 and all other rights of the Guarantors of indemnity, contribution or subrogation under applicable law or otherwise shall be fully subordinated to the indefeasible payment in full in cash of all the Loan Document Obligations. No failure on the part of the Borrower or any Guarantor to make the payments required by Sections 1 3.01 and 2 3.02 (or any other payments required under applicable law or otherwise) shall in any respect limit the obligations and liabilities of any Guarantor with respect to its obligations hereunder, and each Guarantor shall remain liable for the full amount of the obligations of such Guarantor hereunder.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Tupperware Brands Corp)