Common use of Waiver and Postponement of Subrogation, Reimbursement and Contribution Clause in Contracts

Waiver and Postponement of Subrogation, Reimbursement and Contribution. Notwithstanding anything to the contrary contained in this Guaranty, each Guarantor hereby unconditionally and irrevocably agrees to postpone the exercise of and, until the Redemption Price has been paid in full (subject to the terms of Section 6.14 regarding reinstatement of this Guaranty), does hereby irrevocably waive and defer any and all rights it may now or hereafter have under any agreement, at law or in equity (including, without limitation, any law subrogating Guarantors’ rights to the rights of the Class A Member), to assert any claim against or seek contribution, indemnification or any other form of reimbursement from the Company or any of its Subsidiaries or any other party liable to the Class A Member for the payment of any or all of the Guaranteed Obligations for any payment made by Guarantors under or in connection with this Guaranty or otherwise; provided that, for clarity, such postponement and waiver shall only be in effect until the Redemption Price has been paid in full (subject to the terms of Section 6.14 regarding reinstatement of this Guaranty).

Waiver and Postponement of Subrogation, Reimbursement and Contribution. Notwithstanding anything to the contrary contained in this Guaranty, each Guarantor hereby unconditionally and irrevocably agrees to postpone the exercise of and, until for so long as both any portion of the Redemption Price has Debt shall be outstanding and a Permitted Direct Assumption shall not have been paid consummated in full (subject to accordance with the terms of Section 6.14 regarding reinstatement of this Guaranty)Loan Agreement, does hereby irrevocably waive and defer any and all rights it may now or hereafter have under any agreement, at law or in equity (including, without limitation, any law subrogating Guarantors’ rights to the rights of the Class A MemberLender), to assert any claim against or seek contribution, indemnification or any other form of reimbursement from the Company or any of its Subsidiaries Borrower or any other party liable to the Class A Member Lender for the payment of any or all of the Guaranteed Obligations for any payment made by Guarantors under or in connection with this Guaranty or otherwise; provided that, for clarity, such postponement and waiver shall only be in effect until for so long as any portion of the Redemption Price has Debt shall be outstanding (or shall have been paid in full (subject to the terms of Section 6.14 regarding reinstatement of this Guarantyreinstated).

Waiver and Postponement of Subrogation, Reimbursement and Contribution. Notwithstanding anything to the contrary contained in this Guaranty, each Guarantor hereby unconditionally and irrevocably agrees to postpone the exercise of and, until for so long as both any portion of the Redemption Price has Debt shall be outstanding and a Permitted Direct Assumption shall not have been paid consummated in full (subject to accordance with the terms of Section 6.14 regarding reinstatement of this Guaranty)Loan Agreement, does hereby irrevocably waive and defer any and all rights it may now or hereafter have under any agreement, at law or in equity (including, without limitation, any law subrogating Guarantors’ rights to the rights of the Class A MemberLender), to assert any claim against or seek contribution, indemnification or any other form of reimbursement from the Company or any of its Subsidiaries Individual Borrower or any other party liable to the Class A Member Lender for the payment of any or all of the Guaranteed Obligations for any payment made by Guarantors under or in connection with this Guaranty or otherwise; provided that, for clarity, such postponement and waiver shall only be in effect until for so long as any portion of the Redemption Price has Debt shall be outstanding (or shall have been paid in full (subject to the terms of Section 6.14 regarding reinstatement of this Guarantyreinstated).

Waiver and Postponement of Subrogation, Reimbursement and Contribution. Notwithstanding anything to the contrary contained in this Guaranty, each Guarantor hereby unconditionally and irrevocably agrees to postpone the exercise of and, until for so long as both any portion of the Redemption Price has Debt shall be outstanding and a Direct Assumption shall not have been paid consummated in full (subject to accordance with the terms of Section 6.14 regarding reinstatement of this Guaranty)Loan Agreement, does hereby irrevocably waive and defer any and all rights it may now or hereafter have under any agreement, at law or in equity (including, without limitation, any law subrogating Guarantors’ rights to the rights of the Class A MemberLender), to assert any claim against or seek contribution, indemnification or any other form of reimbursement from the Company or any of its Subsidiaries Borrower or any other party liable to the Class A Member Lender for the payment of any or all of the Guaranteed Obligations for any payment made by Guarantors under or in connection with this Guaranty or otherwise; provided that, for clarity, such postponement and waiver shall only be in effect until for so long as any portion of the Redemption Price has Debt shall be outstanding (or shall have been paid in full (subject to the terms of Section 6.14 regarding reinstatement of this Guarantyreinstated).

Waiver and Postponement of Subrogation, Reimbursement and Contribution. Notwithstanding anything to the contrary contained in this Guaranty, each Guarantor hereby unconditionally and irrevocably agrees to postpone the exercise of and, until for so long as both any portion of the Redemption Price has Debt shall be outstanding and a Direct Assumption shall not have been paid consummated in full (subject to accordance with the terms of Section 6.14 regarding reinstatement of this Guaranty)Loan Agreement, does hereby irrevocably waive and defer any and all rights it may now or hereafter have under any agreement, at law or in equity (including, without limitation, any law subrogating Guarantors’ rights to the rights of the Class A MemberLender), to assert any claim against or seek contribution, indemnification or any other form of reimbursement from the Company or any of its Subsidiaries Borrower or any other party liable to the Class A Member Lender for the payment of any or all of the Guaranteed Obligations for any payment made by Guarantors under or in connection with this Guaranty or otherwise; provided that, for clarity, such postponement and waiver shall only be in effect until for so long as any portion of the Redemption Price has Debt shall be outstanding (or shall have been paid in full (subject to the terms of Section 6.14 regarding reinstatement of this Guarantyreinstated).

Waiver and Postponement of Subrogation, Reimbursement and Contribution. Notwithstanding anything to the contrary contained in this Guaranty, each Guarantor hereby unconditionally and irrevocably agrees to postpone the exercise of and, until for so long as both any portion of the Redemption Price has Debt shall be outstanding and a Direct Assumption shall not have been paid consummated in full (subject to accordance with the terms of Section 6.14 regarding reinstatement of this Guaranty)Loan Agreement, does hereby irrevocably waive and defer any and all rights it may now or hereafter have under any agreement, at law or in equity (including, without limitation, any law subrogating Guarantors’ rights to the rights of the Class A MemberLender), to assert any claim against or seek contribution, indemnification or any other form of reimbursement from the Company or any of its Subsidiaries Borrower or any other party liable to the Class A Member Lender for the payment of any or all of the Guaranteed Obligations for any payment made by Guarantors under or in connection with this Guaranty or Guaranty of Recourse Obligations Berkadia Loan No. 00-0000000 & 00-0000000 117470149_7 otherwise; provided that, for clarity, such postponement and waiver shall only be in effect until for so long as any portion of the Redemption Price has Debt shall be outstanding (or shall have been paid in full (subject to the terms of Section 6.14 regarding reinstatement of this Guarantyreinstated).