Subrogation; Further Assurances. (a) The interests, rights and remedies of AGIC described in Article II above are in addition to, and not in lieu of, AGIC's equitable rights of subrogation, and AGIC reserves all of such rights. Each of the Issuer and the Servicer agrees to take, or cause to be taken, all actions deemed desirable by AGIC to preserve, enforce, perfect or maintain the perfection in AGIC's favor of such interests, rights and remedies and such equitable rights of subrogation. (b) For the avoidance of doubt, the parties hereto acknowledge and agree that the receipt of any payment under the Policy shall not constitute (x) a reduction of any unpaid amounts of principal or interest of Notes outstanding under the Indenture or (y) otherwise discharge any other obligations whatsoever of the Issuer or the Servicer under the Indenture. (c) Each of the Issuer and the Servicer agrees to promptly and duly take, execute, acknowledge and deliver such further acts, documents, instruments and assurances as AGIC may from time to time reasonably request to more effectively evidence any rights to assignment or subrogation under this Article II, and to protect and perfect all of AGIC's other rights as against the Issuer and the Servicer, as the case may be.
Appears in 2 contracts
Samples: Insurance and Reimbursement Agreement (MCM Capital Group Inc), Insurance and Reimbursement Agreement (MCM Capital Group Inc)
Subrogation; Further Assurances. (a) The interests, rights and remedies of AGIC Radian described in this Article ------- II above are in addition to, and not in lieu of, AGICRadian's equitable rights of -- subrogation, and AGIC Radian reserves all of such rights. Each of the Issuer Issuer, TFCRC V and the Servicer TFC agrees to take, or cause to be taken, all actions deemed desirable by AGIC Radian to preserve, enforce, perfect or maintain the perfection in AGICRadian's favor of such interests, rights and remedies and such equitable rights of subrogation.
(b) For the avoidance of doubt, the parties hereto acknowledge and agree that the receipt of any payment under the Policy shall not constitute (x) a reduction of any unpaid amounts of principal or interest of Notes outstanding under the Indenture or (y) otherwise discharge any other obligations whatsoever of the Issuer or the Servicer under the Indenture.
(c) Each of the Issuer Issuer, TFCRC V and the Servicer TFC agrees to promptly and duly take, execute, acknowledge and deliver such further acts, documents, instruments and assurances as AGIC Radian may from time to time reasonably request to more effectively evidence any rights to assignment or subrogation under this Article II, and to protect and perfect all of AGIC---------- Radian's other rights as against the Issuer Issuer, TFCRC V and the ServicerTFC, as the case may be.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (TFC Enterprises Inc)
Subrogation; Further Assurances. (a) The interests, rights and remedies of AGIC Financial Security described in this Article II above are in addition to, and not in lieu of, AGICFinancial Security's equitable rights of subrogation, and AGIC Financial Security reserves all of such rights. Each of the Issuer Issuer, TFCRC III and the Servicer TFC agrees to take, or cause to be taken, all actions deemed desirable by AGIC Financial Security to preserve, enforce, perfect or maintain the perfection in AGICFinancial Security's favor of such interests, rights and remedies and such equitable rights of subrogation.
(b) For the avoidance of doubt, the parties hereto acknowledge and agree that the receipt of any payment under the Policy shall not constitute (x) a reduction of any unpaid amounts of principal or interest of Notes outstanding under the Indenture or (y) otherwise discharge any other obligations whatsoever of the Issuer or the Servicer under the Indenture.
(c) Each of the Issuer Issuer, TFCRC III and the Servicer TFC agrees to promptly and duly take, execute, acknowledge and deliver such further acts, documents, instruments and assurances as AGIC Financial Security may from time to time reasonably request to more effectively evidence any rights to assignment or subrogation under this Article II, and to protect and perfect all of AGICFinancial Security's other rights as against the Issuer Issuer, TFCRC III and the ServicerTFC, as the case may be.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (TFC Enterprises Inc)
Subrogation; Further Assurances. (a) The interests, rights ------------------------------- and remedies of AGIC described in Article II above are in addition to, and not in lieu of, AGIC's equitable rights of subrogation, and AGIC reserves all of such rights. Each of the Issuer Issuer, TFCRC and the Servicer TFC agrees to take, or cause to be taken, all actions deemed desirable by AGIC to preserve, enforce, perfect or maintain the perfection in AGIC's favor of such interests, rights and remedies and such equitable rights of subrogation.
(b) For the avoidance of doubt, the parties hereto acknowledge and agree that the receipt of any payment under the Policy shall not constitute (x) a reduction of any unpaid amounts of principal or interest of Notes outstanding under the Indenture or (y) otherwise discharge any other obligations whatsoever of the Issuer or the Servicer under the Indenture.
(c) Each of the Issuer Issuer, TFCRC and the Servicer TFC agrees to promptly and duly take, execute, acknowledge and deliver such further acts, documents, instruments and assurances as AGIC may from time to time reasonably request to more effectively evidence any rights to assignment or subrogation under this Article II, and to protect and perfect all of AGIC's other rights as against the Issuer and the ServicerIssuer, as the case may be.
Appears in 1 contract
Samples: Insurance and Reimbursement Agreement (TFC Enterprises Inc)
Subrogation; Further Assurances. (a) The interests, rights and remedies of AGIC Radian described in this Article II above are in addition to, and not in lieu of, AGICRadian's equitable rights of subrogation, and AGIC Radian reserves all of such rights. Each of the Issuer Issuer, TFCRC VI and the Servicer TFC agrees to take, or cause to be taken, all actions deemed desirable by AGIC Radian to preserve, enforce, perfect or maintain the perfection in AGICRadian's favor of such interests, rights and remedies and such equitable rights of subrogation.
(b) For the avoidance of doubt, the parties hereto acknowledge and agree that the receipt of any payment under the Policy shall not constitute (x) a reduction of any unpaid amounts of principal or interest of Notes outstanding under the Indenture or (y) otherwise discharge any other obligations whatsoever of the Issuer or the Servicer under the Indenture.
(c) Each of the Issuer Issuer, TFCRC VI and the Servicer TFC agrees to promptly and duly take, execute, acknowledge and deliver such further acts, documents, instruments and assurances as AGIC Radian may from time to time reasonably request to more effectively evidence any rights to assignment or subrogation under this Article II, and to protect and perfect all of AGICRadian's other rights as against the Issuer Issuer, TFCRC VI and the ServicerTFC, as the case may be.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (TFC Enterprises Inc)
Subrogation; Further Assurances. (a) The interests, rights and remedies of AGIC described in this Article II above are in addition to, and not in lieu of, AGIC's equitable rights of subrogation, and AGIC reserves all of such rights. Each of the Issuer Issuer, TFCRC IV and the Servicer TFC agrees to take, or cause to be taken, all actions deemed desirable by AGIC to preserve, enforce, perfect or maintain the perfection in AGIC's favor of such interests, rights and remedies and such equitable rights of subrogation.
(b) For the avoidance of doubt, the parties hereto acknowledge and agree that the receipt of any payment under the Policy shall not constitute (x) a reduction of any unpaid amounts of principal or interest of Notes outstanding under the Indenture or (y) otherwise discharge any other obligations whatsoever of the Issuer or the Servicer under the Indenture.
(c) Each of the Issuer Issuer, TFCRC IV and the Servicer TFC agrees to promptly and duly take, execute, acknowledge and deliver such further acts, documents, instruments and assurances as AGIC may from time to time reasonably request to more effectively evidence any rights to assignment or subrogation under this Article II, and to protect and perfect all of AGIC's other rights as against the Issuer Issuer, TFCRC IV and the ServicerTFC, as the case may be.
Appears in 1 contract
Samples: Insurance and Indemnity Agreement (TFC Enterprises Inc)