Common use of Subrogation; Contribution Clause in Contracts

Subrogation; Contribution. Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, 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 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, 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 the Obligations remain, if any amount shall be paid by or on behalf of the Company to the Guarantor on account of any of the rights waived in this paragraph, such amount shall be held by the Guarantor in trust, segregated from other funds of the Guarantor, and shall, forthwith upon receipt by the 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 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Subrogation; Contribution. Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, the 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, the 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 the Obligations remain, if any amount shall be paid by or on behalf of the Company to the a Guarantor on account of any of the rights waived in this paragraph, such amount shall be held by the such Guarantor in trust, segregated from other funds of the such Guarantor, and shall, forthwith upon receipt by the 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 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Subrogation; Contribution. Reimbursement or Indemnity5.3.1 It is the intent of Guarantors and Borrowers that this Guaranty not be subject to challenge on any basis. Until one year and one day after all Obligations have been indefeasibly paid in fullAccordingly, as of the date of this Guaranty, the probable liability of each Guarantor agrees not under this Guaranty, together with all of its other Liabilities to take any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any all Persons as 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, 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 the Obligations remain, if any amount shall be paid by or on behalf of the Company to the Guarantor on account of any of the rights waived in this paragraph, such amount shall be held by the Guarantor in trust, segregated from other funds of the Guarantor, and shall, forthwith upon receipt by the 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 paragraph shall survive the term date of this Guaranty and as of any other date on which a transfer is deemed to occur by virtue of the Loan Documents, calculated in amount sufficient to pay its probable net liabilities on its existing debts as the same become absolute and matured (“Guarantor’s Dated Liabilities”) is, and is to be, less than the amount of the aggregate of the present fair salable value of its Property, and, if different, at a fair valuation thereof, as of such corresponding date (“Guarantor’s Dated Assets”). To this end each Guarantor (i) grants to and recognizes in the other Guarantors rights of contribution and subrogation in the amount, if any, by which such Guarantor’s Dated Assets, but for the aggregate of subrogation and contribution rights in its favor recognized in this Guaranty and from Borrowers pursuant to the Credit Agreement, would exceed such Guarantor’s Dated Liabilities or (ii) as the case may be, acknowledges receipt of and recognizes rights of contribution and subrogation ratably from Borrowers and the Guarantors in the amount, if any, by which such Guarantor’s Dated Liabilities, but for the aggregate of subrogation and contribution rights in its favor granted and recognized in this Guaranty and from Borrowers pursuant to the Credit Agreement, would exceed such Guarantor’s Dated Assets. In recognizing the value of such Guarantor’s Dated Assets and such Guarantor’s Dated Liabilities, it is understood that each Guarantor will recognize, to at least the same extent of its aggregate recognition of liabilities under this Guaranty, its rights (including each Secured Creditor’s obligations) under the Loan Documents and its rights to subrogation and contribution under this Guaranty and from Borrowers pursuant to the Credit Agreement. It is expressly recognized and agreed to by each Guarantor that such Guarantor’s rights of contribution and subrogation against the other Guarantors and Borrowers are expressly junior and subordinate to the prior payment and performance in full of the Guaranteed Obligations. 5.3.2 It is a material objective of this Section 5.3 that each Guarantor recognize rights of subrogation and contribution rather than be deemed to be insolvent (or in contemplation thereof) by reason of an arbitrary interpretation of this Guaranty or any of the other Loan Documents.

Subrogation; Contribution. Reimbursement (a) No Guarantor shall exercise any right of subrogation, contribution, indemnity, reimbursement or Indemnity. Until one year similar rights with respect to any payments it makes under this Guaranty until all of the Obligations and one day after all Obligations any amounts payable under this Guaranty have been indefeasibly paid in full, the Guarantor agrees not to take full and any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any commitments of the rights (whether contractual, under Beneficiaries or facilities provided by the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of Beneficiaries with respect to the Obligations are terminated. If any amounts are paid to a Guarantor in violation 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 fullforegoing limitation, 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 the Obligations remain, if any amount shall be paid by or on behalf of the Company to the Guarantor on account of any of the rights waived in this paragraph, then such amount amounts shall be held by in trust for the Guarantor in trust, segregated from other funds benefit of the Guarantor, Beneficiaries and shall, forthwith upon receipt by the Guarantor, shall promptly be turned over paid to the Holders (duly endorsed by such Guarantor Administrative Agent for the benefit of the Beneficiaries to reduce the Holders, if required), to be applied against amount of the Obligations, whether matured or unmatured. (b) The Guarantors hereby agree, in such order as among themselves, that if any Guarantor or any other guarantor of the Holders may determine. The Obligations shall become an Excess Funding Guarantor (as defined below) (but subject to the succeeding provisions of this paragraph Section 8(b)), to pay to such Excess Funding Guarantor an amount equal to such Guarantor’s Pro Rata Share (as defined below and determined, for this purpose, without reference to the properties, assets, liabilities and debts of such Excess Funding Guarantor) of such Excess Payment (as defined below). The payment obligation of any Guarantor to any Excess Funding Guarantor under this Section 8(b) shall survive be subordinate and subject in right of payment to the term of this Guaranty and the prior indefeasible payment in full of the obligations of such Guarantor under the other provisions of this Guaranty, and such Excess Funding Guarantor shall not exercise any right or remedy with respect to such excess except as provided in Section 8(a) above or in any similar provision of any other guaranty in favor of the Beneficiaries or Administrative Agent of the Obligations. For purposes hereof, (i) “Excess Funding Guarantor” shall mean, in respect of any obligations arising under the other provisions of this Guaranty and any similar provisions of any other guaranty in favor of the Beneficiaries or Administrative Agent of the Obligations (hereafter, the “Guaranteed Obligations”), a Guarantor or any other guarantor of the Obligations that has paid an amount in excess of its Pro Rata Share of the Guaranteed Obligations; (ii) “Excess Payment” shall mean, in respect of any Guaranteed Obligations, the amount paid by an Excess Funding Guarantor in excess of its Pro Rata Share of such Guaranteed Obligations; and (iii) “Pro Rata Share”, for purposes of this Section 8(b), shall mean, for any Guarantor or any other guarantor of the Obligations, the ratio (expressed as a percentage) of (x) the amount by which the aggregate present fair saleable value of all of its assets and properties exceeds the amount of all debts and liabilities of such guarantor (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of such guarantor under this Guaranty or the other applicable guaranty) to (y) the amount by which the aggregate present fair saleable value of all assets and other properties of the Borrowers, all of the Guarantors and all of the other guarantors of the Obligations exceeds the amount of all of the debts and liabilities (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of the Borrowers under the Credit Agreement, the Guarantors hereunder and any other guarantors of the Obligations under the applicable guaranties) of the Borrowers, all of the Guarantors and all of the other guarantors of the Obligations, all as of the Closing Date (if any Guarantor becomes a party hereto (or any other guarantor of the Obligations becomes a party to the applicable guaranty) subsequent to the Closing Date, then for purposes of this Section 7(b) such subsequent guarantor shall be deemed to have been a guarantor of the Obligations as of the Closing Date).

Subrogation; Contribution. Reimbursement (a) No Guarantor shall exercise any right of subrogation, contribution, indemnity, reimbursement or Indemnity. Until one year similar rights with respect to any payments it makes under this Guaranty until all of the Obligations and one day after all Obligations any amounts payable under this Guaranty have been indefeasibly paid in full, 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 full and all commitments of the rights (whether contractual, under Beneficiaries or facilities provided by the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law or otherwise) of Beneficiaries with respect to the Obligations are terminated. If any amounts are paid to a Guarantor in violation 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 fullforegoing limitation, 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 the Obligations remain, if any amount shall be paid by or on behalf of the Company to the Guarantor on account of any of the rights waived in this paragraph, then such amount amounts shall be held by in trust for the Guarantor in trust, segregated from other funds benefit of the Guarantor, Beneficiaries and shall, forthwith upon receipt by the Guarantor, shall promptly be turned over paid to the Holders (duly endorsed by such Guarantor Administrative Agent for the benefit of the Beneficiaries to reduce the Holders, if required), to be applied against amount of the Obligations, whether matured or unmatured. (b) The Guarantors hereby agree, in such order as among themselves, that if any Guarantor or any other guarantor of the Holders may determine. The Obligations shall become an Excess Funding Guarantor (as defined below) (but subject to the succeeding provisions of this paragraph Section 8(b)), to pay to such Excess Funding Guarantor an amount equal to such Guarantor’s Pro Rata Share (as defined below and determined, for this purpose, without reference to the properties, assets, liabilities and debts of such Excess Funding Guarantor) of such Excess Payment (as defined below). The payment obligation of any Guarantor to any Excess Funding Guarantor under this Section 8(b) shall survive be subordinate and subject in right of payment to the term of this Guaranty and the prior indefeasible payment in full of the Obligations, and such Excess Funding Guarantor shall not exercise any right or remedy with respect to such excess except as provided in Section 8(a) above. For purposes hereof, (i) “Excess Funding Guarantor” shall mean, in respect of any obligations arising under the other provisions of this Guaranty and any similar provisions of any other guaranty in favor of the Beneficiaries or Administrative Agent of the Obligations (hereafter, the “Guaranteed Obligations”), a Guarantor or any other guarantor of the Obligations that has paid an amount in excess of its Pro Rata Share of the Guaranteed Obligations; (ii) “Excess Payment” shall mean, in respect of any Guaranteed Obligations, the amount paid by an Excess Funding Guarantor in excess of its Pro Rata Share of such Guaranteed Obligations; and (iii) “Pro Rata Share”, for purposes of this Section 8(b), shall mean, for any Guarantor or any other guarantor of the Obligations, the ratio (expressed as a percentage) of (x) the amount by which the aggregate present fair saleable value of all of its assets and properties exceeds the amount of all debts and liabilities of such guarantor (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of such guarantor under this Guaranty or the other applicable guaranty) to (y) the amount by which the aggregate present fair saleable value of all assets and other properties of the Borrowers, all of the Guarantors and all of the other guarantors of the Obligations exceeds the amount of all of the debts and liabilities (including contingent, subordinated, unmatured, and unliquidated liabilities, but excluding the obligations of the Borrowers under the Credit Agreement, the Guarantors hereunder and any other guarantors of the Obligations under the applicable guaranties) of the Borrowers, all of the Guarantors and all of the other guarantors of the Obligations, all as of the Closing Date (if any Guarantor becomes a party hereto (or any other guarantor of the Obligations becomes a party to the applicable guaranty) subsequent to the Closing Date, then for purposes of this Section 8(b) such subsequent guarantor shall be deemed to have been a guarantor of the Obligations as of the Closing Date).

Subrogation; Contribution. Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, the 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 Co-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, the 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 Co-Obligors that may have arisen in connection with this Guaranty. So long as the Obligations remain, if any amount shall be paid by or on behalf of the Company Co-Obligors to the any Guarantor on account of any of the rights waived in this paragraph, such amount shall be held by the such Guarantor in trust, Exhibit 1(b) 91 segregated from other funds of the such Guarantor, and shall, forthwith upon receipt by the 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 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Subrogation; Contribution. Reimbursement or Indemnity. Until one year (a) Each Guarantor unconditionally and one day after all Obligations have been indefeasibly paid in full, the Guarantor irrevocably agrees not to take any action pursuant to exercise any rights which that it may now have arisen or hereafter acquire against the Borrower, any other Loan Party or any other insider guarantor that arise from the existence, payment, performance or enforcement of such Guarantor’s Obligations under or in connection with respect of this Guaranty to be subrogated to or any of the rights (whether contractual, under the United States Bankruptcy Code, as amendedother Loan Document, including Section 509 thereofany right of subrogation, under common law reimbursement, exoneration, contribution or otherwise) indemnification and any right to participate in any claim or remedy of any of the Holders Guaranteed Party against the Company Borrower, any other Loan Party or against any collateral security other insider guarantor, whether or guaranty not such claim, remedy 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 arises in fullequity or under contract, the Guarantor agrees not to take any action pursuant to any contractual, statute or common law, statutory including the right to take or receive from the Borrower, any other Loan Party or any other insider guarantor, directly or indirectly, in cash or other rights property or by set-off or in any other manner, payment or security on account of reimbursementsuch claim, contributionremedy or right, exoneration unless and until all of the Guaranteed Obligations and all other amounts payable under this Guaranty shall have been paid in full in cash and the Commitments shall have expired or indemnity (or any similar right) from or against the Company which may have arisen in connection with this Guarantybeen terminated. So long as the Obligations remain, if If any amount shall be paid by or on behalf to any Guarantor in violation of the Company immediately preceding sentence at any time prior to the Guarantor on account of any latest of: (i) the payment in full in cash of the rights waived Guaranteed Obligations and all other amounts payable under this Guaranty and (ii) the irrevocable termination or expiration in this paragraphwhole of all Commitments, such amount shall be received and held by in trust for the Guarantor in trustbenefit of the Guaranteed Parties, shall be segregated from other property and funds of the Guarantor, such Guarantor and shall, shall forthwith upon receipt by the Guarantor, be turned over paid or delivered to the Holders Administrative Agent in the same form as so received (duly endorsed by such Guarantor with any necessary endorsement or assignment) to be credited and applied to the Holders, if required), to be applied against the ObligationsGuaranteed Obligations and all other amounts payable under this Guaranty, whether matured or unmatured, in such order as accordance with the Holders may determine. The provisions of this paragraph shall survive the term of this Guaranty and the payment in full terms of the Obligations.Loan Documents. If:

Subrogation; Contribution. Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, 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, 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 the Obligations obligations remain, if any amount shall be paid by or on behalf of the Company to the Guarantor on account of any of the rights waived in this paragraph, such amount shall be held by the Guarantor in trust, segregated from other funds of the Guarantor, and shall, forthwith upon receipt by the Guarantor, be turned fumed 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 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.. Exhibit A

Subrogation; Contribution. Reimbursement or Indemnity. Until one year and one day after all Obligations have been indefeasibly paid in full, 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, 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 the Obligations remain, if any amount shall be paid by or on behalf of the Company to the Guarantor on account of any of the rights waived in this paragraph, such amount shall be held by the Guarantor in trust, segregated from other funds of the Guarantor, and shall, forthwith upon receipt by 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 paragraph shall survive the term of this Guaranty and the payment in full of the Obligations.

Subrogation; Contribution. Reimbursement or IndemnityREIMBURSEMENT OR INDEMNITY; SUBORDINATION. Until one year and one day after all Obligations have been indefeasibly paid in fullfull in cash, the each Subsidiary 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 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 one year and one day after all Obligations have been indefeasibly paid in fullfull in cash, the each Subsidiary 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 GuarantyGuarantee. If any Subsidiary Guarantor becomes the holder of any indebtedness payable by the Issuer, such Subsidiary Guarantor hereby subordinates all indebtedness owing to it from the Issuer to all indebtedness of the Issuer to the Holders, and agrees that, during the continuance of any Event of Default, it shall not accept any payment on the same until payment in full of the Obligations and shall in no circumstance whatsoever attempt to set-off or reduce any obligations hereunder because of such indebtedness. So long as the Obligations remainremain outstanding, if any amount shall be paid by or on behalf of the Company Issuer to the any Subsidiary Guarantor on account of any of the rights waived in this paragraph, such amount shall be held by the such Subsidiary Guarantor in trust, segregated from other funds of the such Subsidiary Guarantor, and shall, forthwith upon receipt by the such Subsidiary Guarantor, be turned over to the Holders (duly endorsed by such Subsidiary 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 paragraph shall survive the term of this Guaranty Guarantee and the payment in full of the Obligations.

Subrogation; Contribution. Reimbursement (a) No Guarantor shall exercise any right of subrogation, contribution, indemnity, reimbursement or Indemnity. Until one year similar rights with respect to any payments it makes under this Guaranty until all of the Obligations and one day after all Obligations any amounts payable under this Guaranty have been indefeasibly paid and performed in full, the Guarantor agrees not to take full and any action pursuant to any rights which may have arisen in connection with this Guaranty to be subrogated to any commitments of the rights (whether contractual, under the United States Bankruptcy Code, as amended, including Section 509 thereof, under common law Lenders or otherwise) of any of the Holders against the Company or against any collateral security or guaranty or right of offset held facilities provided by the Holders for the payment of the Obligations. Until one year and one day after all Obligations have been indefeasibly paid in full, the Guarantor agrees not Lenders with respect 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 the Obligations remain, if are terminated. If any amount shall be amounts are paid by or on behalf of the Company to the Guarantor on account of any in violation of the rights waived in this paragraphforegoing limitation, then such amount amounts shall be held by in trust for the Guarantor in trust, segregated from other funds benefit of the Guarantor, Beneficiaries and shall, shall forthwith upon receipt by the Guarantor, be turned over paid to the Holders (duly endorsed by such Guarantor Administrative Agent for the benefit of the Beneficiaries to reduce the Holders, if required), to be applied against amount of the Obligations, whether matured or unmatured. (b) The Guarantors hereby agree, in such order as among themselves, that if any Guarantor or any other guarantor of the Holders may determine. The Obligations shall become an Excess Funding Guarantor (as defined below) (but subject to the succeeding provisions of this paragraph Section 6(b)), to pay to such Excess Funding Guarantor an amount equal to such Guarantor’s Pro Rata Share (as defined below and determined, for this purpose, without reference to the properties, assets, liabilities and debts of such Excess Funding Guarantor) of such Excess Payment (as defined below). The payment obligation of any Guarantor to any Excess Funding Guarantor under this Section 6(b) shall survive be subordinate and subject in right of payment to the term of this Guaranty and the prior payment in full of the obligations of such Guarantor under the other provisions of this Guaranty, and such Excess Funding Guarantor shall not exercise any right or remedy with respect to such excess except as provided in Section 6(a) above or in any similar provision of any other guaranty of the Obligations.. For purposes hereof, (i) “Excess Funding Guarantor” shall mean, in respect of any obligations arising under the other provisions of this Guaranty and any similar provisions of any other guaranty of the Obligations (hereafter, the “Guarantied Obligations”), a Guarantor or any other guarantor of the Obligations