Common use of Subrogation and Similar Rights Clause in Contracts

Subrogation and Similar Rights. No Guarantor will exercise any rights with respect to Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full, and until such time any such rights against the Borrower shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Bank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank to be applied in whole or in part by Bank against the Obligations, whether matured or unmatured, in such order as the Banks shall determine in its sole discretion. If Guarantor shall make payment to the Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank and shall remain fully subject and subordinate to Bank's right to collect any other amounts which may thereafter become due to the Bank by the Borrower in connection with the Obligations.

Appears in 3 contracts

Samples: Guaranty (Pennsylvania Real Estate Investment Trust), Guaranty (Pennsylvania Real Estate Investment Trust), Guaranty (Pennsylvania Real Estate Investment Trust)

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Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Bank Lenders or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full, and until such time any such rights against the Borrower Borrowers shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank Lenders now or hereafter has have against the any Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of BankLenders, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank Agent to be applied in whole or in part by Bank Lenders against the Obligations, whether matured or unmatured, in such order as the Banks Lenders shall determine in its sole discretiontheir discretion pursuant to the Loan Agreement. If Guarantor shall make payment to the Bank Agent or Lenders of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's ’s right of subrogation shall be without recourse to and without any implied warranties by Bank Agent or Lenders and shall remain fully subject and subordinate to Bank's Lenders’ right to collect any other amounts which may thereafter become due to the Bank Lenders by the Borrower Borrowers in connection with the Obligations.

Appears in 2 contracts

Samples: Guaranty (Orleans Homebuilders Inc), Guaranty (Orleans Homebuilders Inc)

Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Bank Lenders or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full, and until such time any such rights against the Borrower Borrowers shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank Lenders now or hereafter has have against the any Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of BankLenders, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank Agent to be applied in whole or in part by Bank Lenders against the Obligations, whether matured or unmatured, in such order as the Banks Lenders shall determine in its sole discretiontheir discretion pursuant to the Loan Agreement. If Guarantor shall make payment to the Bank Agent or Lenders of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank Agent or Lenders and shall remain fully subject and subordinate to Bank's Lenders' right to collect any other amounts which may thereafter become due to the Bank Lenders by the Borrower Borrowers in connection with the Obligations.

Appears in 2 contracts

Samples: Guaranty (Orleans Homebuilders Inc), Guaranty (Orleans Homebuilders Inc)

Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Bank Banks or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full, and until . Until such time any such rights against the Borrower Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank Banks, or any of them, now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of BankBanks, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank Agent to be applied in whole or in part by Bank Banks against the Obligations, whether matured or unmatured, in such order as the Banks shall determine in its sole discretion. If Guarantor shall make payment to the Bank Agent or Banks of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank Banks and shall remain fully subject and subordinate to BankAgent's and Banks' right to collect any other amounts which may thereafter become due to the Bank Banks by the Borrower Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Guaranty (Pennsylvania Real Estate Investment Trust)

Subrogation and Similar Rights. No Guarantor The Guarantors will not exercise any rights with respect to Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it they may acquire by way of subrogation, indemnification or contribution, by reason of any payment made by it any of them hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full, full and until such time time, any such rights against the Borrower shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank Lender now or hereafter has against the ObligorBorrower. If any amount shall be paid to any Guarantor the Guarantors on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of BankLender, shall be segregated from the other funds of Guarantor the Guarantors and shall forthwith be paid over to Bank Lender to be applied in whole or in part by Bank Lender against the Obligations, whether matured or unmatured, in such order as accordance with the Banks shall determine in its sole discretionterms of the Loan Documents. If Guarantor the Guarantors shall make payment to the Bank Lender of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right Lender will, at the written request of the Guarantors, execute and deliver to the Guarantors (without recourse, representation or warranty) appropriate documents necessary to evidence the transfer by subrogation shall to the Guarantors of an interest in the Obligations resulting from such payment by the Guarantors, such subrogation to be without recourse to and without any implied warranties by Bank and shall remain fully subject and subordinate subordinate, however, to BankLender's right to collect any other amounts which may thereafter become be due to the Bank Lender by the Borrower in connection with the ObligationsBorrower.

Appears in 1 contract

Samples: Guaranty (Brandywine Realty Trust)

Subrogation and Similar Rights. No Guarantor will exercise any rights with respect to Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time, and until such time any such rights against the Borrower Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Bank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank to be applied in whole or in part by Bank against the Obligations, whether matured or unmatured, in such order as the Banks Bank shall determine in its sole discretion. If Guarantor shall make payment to the Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, . Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank and shall remain fully subject and subordinate to Bank's right to collect any other amounts which may thereafter become due to the Bank by the Borrower Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Guaranty (Nuclear Research Corp)

Subrogation and Similar Rights. No Guarantor will exercise any rights with respect to Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time, and until such time any such rights against the Borrower Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Bank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank to be applied in whole or in part by Bank against the Obligations, whether matured or unmatured, in such order as the Banks Bank shall determine in its sole discretion. If Guarantor shall make payment to the Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank and shall remain fully subject and subordinate to Bank's right to collect any other amounts which may thereafter become due to the Bank by the Borrower Obligor in connection with the Obligations. -------------------------------------------------------------------------------- * CoreStates Bank, N.A. also conducts business as Philadelphia National Bank, as Corestates First Pennsylvania Bank and as Corestates Hamixxxx Xxxk 2 jurisdiction over the Bank or any of its properties or (b) any settlement or compromise in good faith with any such claimant (including Obligor), then and in such event each Guarantor agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Guarantor, notwithstanding any termination hereof or the cancellation of any note or other instrument evidencing any Obligation, and each Guarantor shall remain liable to the Bank hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by Bank.

Appears in 1 contract

Samples: Guaranty (Red Bell Brewing Co)

Subrogation and Similar Rights. No Guarantor will exercise any rights with respect to Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time, and until such time any such rights against the Borrower Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Bank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank to be applied in whole or in part by Bank against the Obligations, whether matured or unmatured, in such order as the Banks Bank shall determine in its sole discretion. If Guarantor shall make payment to the Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, . Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank and shall remain fully subject and subordinate to Bank's right to collect any other amounts which may thereafter become due to the Bank by the Borrower Obligor in connection with the Obligations. account of any Obligations and Bank repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over the Bank or any of its property, or (b) any settlement or compromise in good faith with any such claimant (including Obligor), then and in such event each Guarantor agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Guarantor, notwithstanding any termination hereof or the cancellation of any note or other instrument evidencing any Obligation, and each Guarantor shall remain liable to the Bank hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by Bank.

Appears in 1 contract

Samples: Guaranty (JPM Co)

Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full, and until . Until such time any such rights against the Borrower Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Bank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank to be applied in whole or in part by Bank against the Obligations, whether matured or unmatured, in such order as the Banks Bank shall determine in its sole discretion. If Guarantor shall make payment to the Bank of all or any portion of the Obligations obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank and shall remain fully subject and subordinate to Bank's right to collect any other amounts which may thereafter become due to the Bank by the Borrower Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Guaranty (Pennsylvania Real Estate Investment Trust)

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Subrogation and Similar Rights. No The Guarantor will not exercise any rights with respect to Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of any payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full, full and until such time time, any such rights against the Borrower shall be fully subordinate in lien and payment to any claim in connection with which the Obligations which Bank now or hereafter has against the ObligorBorrower. If any amount shall be paid to any the Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of the Bank, shall be segregated from the other funds of the Guarantor and shall forthwith be paid over to the Bank to be applied in whole or in part by the Bank against the Obligations, whether matured or unmatured, in such order as accordance with the Banks shall determine in its sole discretionterms of the Loan Agreement. If the Guarantor shall make payment to the Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, the Bank will, at the written request of the Guarantor's right , execute and deliver to the Guarantor (without recourse, representation or warranty) appropriate documents necessary to evidence the transfer by subrogation to the Guarantor of an interest in the Obligations resulting from such payment by the Guarantor, such subrogation shall to be without recourse to and without any implied warranties by Bank and shall remain fully subject and subordinate subordinate, however, to the Bank's ’s right to collect any other amounts which may thereafter become be due to the Bank by the Borrower in connection with the ObligationsBorrower.

Appears in 1 contract

Samples: Guaranty (Pure Earth, Inc.)

Subrogation and Similar Rights. No Guarantor will exercise any rights with respect to Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time, and until such time any such rights against the Borrower Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Bank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank to be applied in whole or in part by Bank against the Obligations, whether matured or unmatured, in such order as the Banks Bank shall determine in its sole discretion. If Guarantor shall make payment to the Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, . Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank and shall remain fully subject and subordinate to Bank's right to collect any other amounts which may thereafter become due to the Bank by the Borrower Obligor in connection with the Obligations.. -------------------------------------------------------------------------------- * CoreStates Bank, N.A. also conducts business as Philadelphia National Bank, as CoreStates First Pennsylvania Bank and as CoreStates Xxxxxxxx Bank

Appears in 1 contract

Samples: Limited Guaranty (Ryka Inc)

Subrogation and Similar Rights. No Guarantor agrees that Guarantor will not exercise any rights with respect to the Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it Guarantor may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied indefeasibly paid in full. Until such time, and until such time any such rights against the Borrower Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which the Bank now or hereafter has against the Obligor. If any amount shall be indefeasibly paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of the Bank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to the Bank to be applied in whole or in part by the Bank against the Obligations, whether matured or unmatured, in such order as the Banks Bank shall determine in its sole discretion. If Guarantor shall make payment to the Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by the Bank and shall remain fully subject and subordinate to the Bank's right to collect any other amounts which may thereafter become due to the Bank by the Borrower Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Guarantee and Surety Agreement (Rait Investment Trust)

Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Bank Lender or any Obligor related to or acquired in connection with or as a result of its Guarantor's making of this Guaranty which it Guarantor may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it Guarantor hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full, and until . Until such time any such rights against the Borrower Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank Lender now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of BankLender, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank Lender to be applied in whole or in part by Bank Lender against the Obligations, whether matured or unmatured, in such order as the Banks Lender shall determine in its sole discretion. If Guarantor shall make payment to the Bank Lender of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank Lender and shall remain fully subject and subordinate to BankLender's right to collect any other amounts which may thereafter become due to the Bank Lender by the Borrower Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Guaranty (Astea International Inc)

Subrogation and Similar Rights. No Guarantor will exercise any rights with respect to Bank or any Obligor related to or acquired in connection with or as a result of its making of this Guaranty which it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time, and until such time any such rights against the Borrower Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification indemnification, or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Bank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Bank to be applied in whole or in part by Bank against the Obligations, whether matured or unmatured, in such order as the Banks Bank shall determine in its it sole discretion. If Guarantor shall make payment to the Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Bank and shall remain fully subject and subordinate to Bank's right to collect any other amounts which may thereafter become due to the Bank by the Borrower Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Guaranty (Asa International LTD)

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