Subrogation Defenses. Each Borrower hereby waives any defense based on impairment or destruction of its subrogation or other rights against any other Borrower and waives all benefits which might otherwise be available to it under any statutory or common law suretyship defenses or marshalling rights, now and hereafter in effect.
Appears in 18 contracts
Samples: Loan and Security Agreement (Latch, Inc.), Loan and Security Agreement (Rigetti Computing, Inc.), Loan and Security Agreement (Gores Holdings VIII Inc.)
Subrogation Defenses. Each Borrower hereby waives any defense based on impairment or destruction of its subrogation or other rights against any other Borrower and waives all benefits which might otherwise be available to it under any statutory or common law suretyship defenses or marshalling rights, now and or hereafter in effect.
Appears in 8 contracts
Samples: Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Precision Biosciences Inc), Loan and Security Agreement (Xilio Therapeutics, Inc.)
Subrogation Defenses. Each To the maximum extent permitted by applicable law, each Borrower hereby waives any defense based on impairment or destruction of its subrogation or other rights against any other Borrower Borrower, and waives all benefits which might otherwise be available to it under any statutory or common law suretyship defenses or marshalling rights, other similar statutes now and hereafter in effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Journey Medical Corp)
Subrogation Defenses. Each Borrower hereby waives any defense based on impairment or destruction of its subrogation or other rights against any other Borrower and waives all benefits which might otherwise be available to it under any statutory or common law suretyship defenses or marshalling rights, now and hereafter in effect.
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Subrogation Defenses. Each Borrower hereby waives any defense based on impairment or destruction of its subrogation or other rights against any other Borrower and waives all benefits which might otherwise be available to it is under any statutory or common law suretyship defenses or marshalling marshaling rights, now and hereafter in effect.
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Subrogation Defenses. Each Borrower hereby waives any defense based on impairment or destruction of its subrogation or other rights against any other Borrower and waives all benefits which might otherwise be available to it under any statutory or common law suretyship defenses or marshalling rights, now and hereafter in effectapplicable law.
Appears in 1 contract
Samples: Loan and Security Agreement (BlackSky Technology Inc.)
Subrogation Defenses. Each Borrower hereby waives any defense based on impairment or destruction of its subrogation or other rights against any other Borrower and waives all benefits which might otherwise be available to it under any statutory or common law suretyship defenses or marshalling rights, now and hereafter in effect.under
Appears in 1 contract
Samples: Loan and Security Agreement (Clearone Communications Inc)
Subrogation Defenses. Each Borrower hereby waives any defense based on impairment or destruction of its subrogation or other rights against any other Borrower and waives all benefits which might otherwise be available to it under any statutory or common law suretyship defenses (other than payment in full of the Obligations) or marshalling rights, now and hereafter in effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Bacterin International Holdings, Inc.)