Common use of Subrogation, Contribution, Reimbursement or Indemnity Clause in Contracts

Subrogation, Contribution, Reimbursement or Indemnity. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any Obligations remain outstanding, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 10 contracts

Samples: Master Note Purchase Agreement (Polaris Industries Inc/Mn), Subsidiary Guaranty (Tetra Technologies Inc), Subsidiary Guaranty (Tetra Technologies Inc)

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Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 10 contracts

Samples: Master Note Purchase Agreement (Cerner Corp /Mo/), Note Purchase Agreement (Intrepid Potash, Inc.), Note Purchase Agreement (Helmerich & Payne Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 5 contracts

Samples: Note Purchase Agreement (Donaldson Co Inc), Note Purchase Agreement (Donaldson Co Inc), Master Note Purchase Agreement (Encore Wire Corp /De/)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any the Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such the Guarantor in trust, segregated from other funds of such the Guarantor, and shall, forthwith upon receipt by such the Guarantor, be turned over to the Holders (duly endorsed by such the Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 4 contracts

Samples: Note Purchase Agreement (Encore Wire Corp /De/), Master Note Purchase Agreement (Encore Wire Corp /De/), Note Purchase Agreement (Hunt J B Transport Services Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any the Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such the Guarantor in trust, segregated from other funds of such the Guarantor, and shall, forthwith upon receipt by such the Guarantor, be turned over to the Holders (duly endorsed by such the Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 4 contracts

Samples: Note Purchase and Private Shelf Agreement (Nordson Corp), Note Purchase Agreement (Helmerich & Payne Inc), Note Purchase Agreement (Hewitt Associates Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 3 contracts

Samples: Master Note Purchase Agreement (United Stationers Inc), Master Note Purchase Agreement (United Stationers Inc), Subsidiary Guaranty (United Stationers Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until all Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until all Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any the Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such the Guarantor in trust, segregated from other funds of such the Guarantor, and shall, forthwith upon receipt by such the Guarantor, be turned over to the Holders (duly endorsed by such the Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 3 contracts

Samples: Master Note Purchase Agreement (United Stationers Inc), Master Note Purchase Agreement (United Stationers Inc), Parent Guaranty (United Stationers Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company Obligors or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company Obligors which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company Obligors to any Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 3 contracts

Samples: Note Purchase Agreement (Patterson Companies, Inc.), Note Purchase Agreement (Patterson Companies, Inc.), Note Purchase Agreement (Patterson Companies, Inc.)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which that may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which that may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any a Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 2 contracts

Samples: Note Purchase Agreement (Belden Inc), Note Purchase Agreement (Belden Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company Issuer or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company Issuer which may have arisen in connection with this Guaranty. So long as any Obligations remain outstanding, if any amount shall be paid by or on behalf of the Company Issuer to any Guarantor on account of any of the rights waived in this Section 6, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 2 contracts

Samples: Contribution Agreement (El Paso Pipeline Partners, L.P.), Note Purchase Agreement (El Paso Pipeline Partners, L.P.)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Guaranteed Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders Lenders against the Company Borrowers or against any collateral security or guaranty or right of offset held by the Holders Administrative Agent or the Lenders for the payment of the Guaranteed Obligations. Until one year and one day after all Guaranteed Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company Borrowers which may have arisen in connection with this Guaranty. So long as any the Guaranteed Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company Borrowers to any Guarantor on account of any of the rights waived in this Section 65, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders Administrative Agent (duly endorsed by such Guarantor to the HoldersAdministrative Agent, if required), to be applied against the Guaranteed Obligations, whether matured or unmatured, in such order as the Holders Administrative Agent may determine. The provisions of this Section 6 5 shall survive the term of this Guaranty and the payment in full of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Senior Credit Agreement (Unit Corp), Senior Credit Agreement (Unit Corp)

Subrogation, Contribution, Reimbursement or Indemnity. Until all Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company Issuer or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until all Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company Issuer which may have arisen in connection with this Guaranty. So long as any Obligations remain outstanding, if any amount shall be paid by or on behalf of the Company Issuer to any Guarantor on account of any of the rights waived in this Section 6, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 2 contracts

Samples: Contribution Agreement (El Paso Pipeline Partners, L.P.), Note Purchase Agreement (El Paso Pipeline Partners, L.P.)

Subrogation, Contribution, Reimbursement or Indemnity. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 2 contracts

Samples: Note Purchase Agreement (Watts Water Technologies Inc), Guaranty (Watts Water Technologies Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Guaranteed Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders Lenders against the Company Borrower or against any collateral security or guaranty or right of offset held by the Holders Administrative Agent or the Lenders for the payment of the Guaranteed Obligations. Until one year and one day after all Guaranteed Obligations have been indefeasibly paid in full, each the Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company Borrower which may have arisen in connection with this Guaranty. So long as any the Guaranteed Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company Borrower to any Guarantor on account of any of the rights waived in this Section 65, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders Administrative Agent (duly endorsed by such Guarantor to the HoldersAdministrative Agent, if required), to be applied against the Guaranteed Obligations, whether matured or unmatured, in such order as the Holders Administrative Agent may determine. The provisions of this Section 6 5 shall survive the term of this Guaranty and the payment in full of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Arena Resources Inc), Credit Agreement (Arena Resources Inc)

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Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in fullfull in cash, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in fullfull in cash, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 1 contract

Samples: Note Purchase Agreement (Lindsay Corp)

Subrogation, Contribution, Reimbursement or Indemnity. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty Guarantee to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders or the Agent against the Company or against any collateral security or guaranty guarantee or right of offset held by the Holders or the Agent for the payment of the Obligations. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this GuarantyGuarantee. So long as any Obligations remain outstanding, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders Agent (for the benefit of the Agent and the Holders) (duly endorsed by such Guarantor to the HoldersAgent, if required), to be applied against the Obligations, whether matured or unmatured, in such order as accordance with the Holders may determineNote Purchase Agreement. The provisions of this Section 6 shall survive the term of this Guaranty Guarantee and the payment in full of the Obligations.

Appears in 1 contract

Samples: Note Purchase Agreement (PQ Group Holdings Inc.)

Subrogation, Contribution, Reimbursement or Indemnity. Until all Notes Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of Noteholder Representative or any of the Holders Noteholders against the Company or against any collateral security or guaranty or right of offset held by Noteholder Representative or the Holders Noteholders for the payment of the Notes Obligations. Until all Notes Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any Notes Obligations remain outstanding, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to Noteholder Representative for the Holders benefit of the Beneficiaries (duly endorsed by such Guarantor to the HoldersNoteholder Representative, if required), to be applied against the Notes Obligations, whether matured or unmatured, in such order as the Holders Noteholders may determine. The provisions of this Section 6 shall survive the term of this Guaranty and the payment in full of the Notes Obligations.

Appears in 1 contract

Samples: Subsidiary Guaranty (Tetra Technologies Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 1 contract

Samples: Master Note Purchase Agreement (Ultra Petroleum Corp)

Subrogation, Contribution, Reimbursement or Indemnity. Until all (a) Upon making any payment with respect to the Obligations have been indefeasibly paid in fullunder this Article, each the Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to shall be subrogated to any the rights of the rights payee against the Company with respect to such payment. However, so long as (whether contractuali) any Lender has any Commitment hereunder or (ii) any Obligation remains outstanding, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) Guarantor shall not enforce any payment by way of any of the Holders subrogation against the Company or against any collateral security or guaranty guarantee or right of offset held by the Holders any Agent or any Lender for the payment of the Obligations. Until all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to or any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with the Guarantor's guarantees contained in this GuarantyArticle. (b) Upon making any payment with respect to the Subsidiary Obligations under this Article, the Company shall be subrogated to the rights of the payee against the relevant Borrowing Subsidiary with respect to such payment. However, so long as (i) any Lender has any Commitment hereunder under which such Borrowing Subsidiary is or may become entitled to borrow or (ii) any Subsidiary Obligations of such Borrowing Subsidiary remain outstanding, the Company shall not enforce any payment by way of subrogation against such Borrowing Subsidiary or against any collateral security or guarantee or right of offset held by any Agent or any Lender for the payment of its Subsidiary Obligations or any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against such Borrowing Subsidiary which may have arisen in connection with the Company's guarantees contained in this Article. (c) So long as any Lender has a Commitment hereunder under which a Borrowing Subsidiary is or may become entitled to borrow or any Obligations remain outstanding, if any amount shall be paid by or on behalf of the Company to any the Guarantor on account of any of the rights waived referred to in this Section 69.02, such amount shall be held by such the Guarantor in trust, segregated from other funds of such the Guarantor, and shall, forthwith upon receipt by such the Guarantor, be turned over to the Holders Administrative Agent in the exact form received by the Guarantor (duly endorsed indorsed by such the Guarantor to the HoldersAdministrative Agent, if required), to be applied against the Obligations, whether matured or unmatured, as provided in Section 2.17. (d) So long as any Lender has a Commitment hereunder under which a Borrowing Subsidiary is or may become entitled to borrow or any Subsidiary Obligations of a Borrowing Subsidiary remain outstanding, if any amount shall be paid by or on behalf of such order Borrowing Subsidiary to the Guarantor or the Company, on account of any of the rights referred to in this Section 9.02, such amount shall be held by the Guarantor or the Company, as the Holders case may determine. be, in trust, segregated from other funds of the Guarantor or the Company, as the case may be, and shall, forthwith upon receipt by the Guarantor or the Company, as the case may be, be turned over to the Administrative Agent in the exact form received by the Guarantor or the Company, as the case may be (duly indorsed to the Administrative Agent, if required), to be applied against the Subsidiary Obligations of such Borrowing Subsidiary, whether matured or unmatured, as provided in Section 2.17. (e) The provisions of this Section 6 shall survive the term termination of the guarantees contained in this Guaranty Article and the payment in full of the Obligations and the Subsidiary Obligations, and the termination of the Commitments.

Appears in 1 contract

Samples: Credit Agreement (Unocal Corp)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which that may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which that may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any such Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 1 contract

Samples: Note Purchase Agreement (Covenant Transport Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 1 contract

Samples: Note Purchase Agreement (Big Lots Inc)

Subrogation, Contribution, Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, each Guarantor agrees not to take any action pursuant to any contractual, common law, statutory or other rights of reimbursement, contribution, exoneration or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guaranty. So long as any the Obligations remain outstandingremain, if any amount shall be paid by or on behalf of the Company to any Guarantor on account of any of the rights waived in this Section 6paragraph, such amount shall be held by such Guarantor in trust, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Holders (duly endorsed by such Guarantor to the Holders, if required), to be applied against the Obligations, whether matured or unmatured, in such order as the Holders may determine. EXHIBIT 1.1-C-4 Xxxxxxxxx Company, Inc. Note Purchase Agreement The provisions of this Section 6 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Appears in 1 contract

Samples: Note Purchase Agreement (Donaldson Co Inc)

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