Subrogation, etc. Notwithstanding any payment or payments made by the Pledgor or the exercise by the Collateral Agent of any of the remedies provided under this Agreement or any other Loan Document, until the Secured Obligations have been paid in full, the Pledgor shall have no claim (as defined in 11 U.S.C. § 101(5)) of subrogation to any of the rights of the Collateral Agent against any Person, the Pledged Collateral or any guaranty held by the Collateral Agent for the satisfaction of any of the Secured Obligations, nor shall the Pledgor have any claims (as defined in 11 U.S.C. § 101(5)) for reimbursement, indemnity, exoneration or contribution from any such Person in respect of payments made by the Pledgor hereunder. Notwithstanding the foregoing, if any amount shall be paid to the Pledgor on account of such subrogation, reimbursement, indemnity, exoneration or contribution rights at any time before the Secured Obligations have been paid in full, such amount shall be held by the Pledgor in trust for the Collateral Agent segregated from other funds of the Pledgor, and shall be turned over to the Collateral Agent in the exact form received by the Pledgor (duly endorsed by the Pledgor to the Collateral Agent if required) to be applied against the Secured Obligations in such amounts and in such order as the Collateral Agent may elect, or as directed by the Administrative Agent.
Appears in 2 contracts
Samples: Equity Pledge Agreement (Empire Resorts Inc), Equity Pledge Agreement (Empire Resorts Inc)
Subrogation, etc. Notwithstanding any payment or payments made by the Pledgor or the exercise by the Collateral Agent Secured Party of any of the remedies provided under this Agreement or any other Loan Transaction Document, until the Secured Obligations have been indefeasibly paid in fullfull in cash or cash equivalents, the Pledgor shall have no claim (as defined in Section 101(5) of the Bankruptcy Code, 11 U.S.C. § 101(5)) of subrogation to any of the rights of the Collateral Agent Secured Party against any Person, the Pledged Collateral or any guaranty held by the Collateral Agent for the satisfaction of any of the Secured ObligationsCollateral, nor shall the Pledgor have any claims (as defined in Section 101(5) of the Bankruptcy Code, 11 U.S.C. § 101(5)) for reimbursement, indemnity, exoneration or contribution from any such Person in respect of payments made by the Pledgor hereunder. Notwithstanding the foregoing, if any amount shall be paid to the Pledgor on account of such subrogation, reimbursement, indemnity, exoneration or contribution rights at any time before the Secured Obligations have been paid in fulltime, such amount shall be held by the Pledgor in trust for the Collateral Agent Secured Party segregated from other funds of the Pledgor, and, upon the existence and continuance of an Event of Default, shall be turned over to the Collateral Agent Secured Party in the exact form received by the Pledgor (duly endorsed by the Pledgor to the Collateral Agent Secured Party if required) to be applied against the Secured Obligations in such amounts and in such order as pursuant to the Collateral Agent may elect, or as directed by the Administrative AgentTransaction Documents.
Appears in 2 contracts
Samples: Pledge Agreement (Selina Hospitality PLC), Pledge Agreement (Selina Hospitality PLC)
Subrogation, etc. Notwithstanding any payment or payments made by the Pledgor or the exercise by the Collateral Administrative Agent of any of the remedies provided under this Agreement or any other Loan Document, until the Secured Obligations have been indefeasibly paid in full, the Pledgor shall have no claim (as defined in 11 U.S.C. § 101(5)) of subrogation to any of the rights of the Collateral Administrative Agent against any Person, the Pledged Collateral or any guaranty held by the Collateral Administrative Agent for the satisfaction of any of the Secured Obligations, nor shall the Pledgor have any claims (as defined in 11 U.S.C. § 101(5)) for reimbursement, indemnity, exoneration or contribution from any such Person in respect of payments made by the Pledgor hereunder. Notwithstanding the foregoing, if any amount shall be paid to the Pledgor on account of such subrogation, reimbursement, indemnity, exoneration or contribution rights at any time before the Secured Obligations have been paid in full, such amount shall be held by the Pledgor in trust for the Collateral Administrative Agent segregated from other funds of the Pledgor, and shall be turned over to the Collateral Administrative Agent in the exact form received by the Pledgor (duly endorsed by the Pledgor to the Collateral Administrative Agent if required) to be applied against the Secured Obligations in such amounts and in such order as the Collateral Administrative Agent may elect, or as directed by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (James River Group Holdings, Ltd.), Pledge and Security Agreement (State Auto Financial CORP)
Subrogation, etc. Notwithstanding any payment or payments made by the Pledgor or the exercise by the Collateral Agent of any of the remedies provided under this Pledge Agreement or any other Loan Document, until of the Secured Obligations have been paid in fullFinance Documents, the Pledgor shall have no claim (as defined in 11 U.S.C. § Section 101(5)) of subrogation to any of the rights of the Collateral Agent Secured Parties against any Personthe Company, the Pledged Pledgor or any Collateral or any guaranty held by the Collateral Agent Secured Parties for the satisfaction of any of the Secured Obligations, nor shall the Pledgor have any claims (as defined in 11 U.S.C. § Section 101(5)) for reimbursement, indemnity, exoneration or contribution from any such Person the Company in respect of payments made by the Pledgor hereunder. Notwithstanding the foregoing, if any amount shall be paid to the Pledgor on account of such subrogation, reimbursement, indemnity, exoneration or contribution rights at any time before the Secured Obligations have been paid in fulltime, such amount shall be held by the Pledgor in trust for the Collateral Agent Secured Parties, segregated from other funds of the Pledgor, and shall be turned over to the Collateral Agent for the benefit of the Secured Parties, in the exact form received by the Pledgor (duly endorsed by the Pledgor to the Collateral Agent for the benefit of the Secured Parties, if required) ), to be applied against the Secured Obligations in such amounts and in such order as the Collateral Agent may elect, or as directed by the Administrative Agent.
Appears in 1 contract
Subrogation, etc. Notwithstanding any payment or payments made by the Pledgor or the exercise by the Collateral Agent Lender of any of the remedies provided under this Agreement or any other Loan Document, until the Secured Obligations have been indefeasibly paid in full, the Pledgor shall have no claim (as defined in 11 U.S.C. § 101(5)) of subrogation to any of the rights of the Collateral Agent Lender against any Person, the Pledged Collateral or any guaranty held by the Collateral Agent Lender for the satisfaction of any of the Secured Obligations, nor shall the Pledgor have any claims (as defined in 11 U.S.C. § 101(5)) for reimbursement, indemnity, exoneration or contribution from any such Person in respect of payments made by the Pledgor hereunder. Notwithstanding the foregoing, if any amount shall be paid to the Pledgor on account of such subrogation, reimbursement, indemnity, exoneration or contribution rights at any time before the Secured Obligations have been paid in full, such amount shall be held by the Pledgor in trust for the Collateral Agent Lender segregated from other funds of the Pledgor, and shall be turned over to the Collateral Agent Lender in the exact form received by the Pledgor (duly endorsed by the Pledgor to the Collateral Agent Lender if required) to be applied against the Secured Obligations in such amounts and in such order as the Collateral Agent Lender may elect, or as directed by the Administrative AgentLender.
Appears in 1 contract
Samples: Pledge and Security Agreement (James River Group Holdings, Ltd.)