Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any Bank.
Appears in 5 contracts
Samples: Guaranty (National Restaurant Enterprises Holdings Inc), Guaranty (Medallion Financial Corp), Guaranty (National Restaurant Enterprises Holdings Inc)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any BankLender.
Appears in 4 contracts
Samples: Securities Purchase Agreement (SinglePoint Inc.), Guaranty (PARTS iD, Inc.), Guaranty (Wisa Technologies, Inc.)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor Guarantors shall not exercise exercise, and the Guarantors hereby waives waive, any rights against the Borrower arising as a result of payment by the Guarantor Guarantors hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Purchasers in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor Guarantors will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor Guarantors to the Borrower; and the Guarantor waives Guarantors waive any benefit of and any right to participate in any collateral security which may be held by the Agent or any BankPurchasers.
Appears in 4 contracts
Samples: Guarantee (Incannex Healthcare Inc.), Securities Purchase Agreement (Incannex Healthcare Inc.), Guarantee (Scienture Holdings, Inc.)
Waiver of Rights Against Borrower. Until the final payment in cash and --------------------------------- performance in full of all of the Obligations, the (i) no Guarantor shall not exercise and each hereby waives any rights against the Borrower arising as a result of payment by the such Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Administrative Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the (ii) no Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the such Guarantor to the Borrower; and the (iii) each Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Administrative Agent or any BankLender.
Appears in 4 contracts
Samples: Term Loan Agreement (Panera Bread Co), Term Loan Agreement (Panera Bread Co), Credit Agreement (Panera Bread Co)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, : (i) the Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Administrative Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; (ii) the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and (iii) the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Administrative Agent or any BankLender.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Yankee Candle Co Inc), Subsidiary Guaranty (Yankee Candle Co Inc), Subsidiary Guaranty (Yankee Candle Co Inc)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Secured Party in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any BankSecured Party.
Appears in 2 contracts
Samples: Credit Agreement (Analogic Corp), Guaranty (Analogic Corp)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the each Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the such Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the such Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the such Guarantor to the Borrower; and the each Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any BankLender.
Appears in 2 contracts
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Noteholder in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by or for the Agent or benefit of any BankNoteholder.
Appears in 2 contracts
Samples: Guaranty (Medallion Financial Corp), Guaranty (Medallion Financial Corp)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any Bank.
Appears in 2 contracts
Samples: Guaranty (Rogers Corp), Guaranty (Rogers Corp)
Waiver of Rights Against Borrower. Until the final indefeasible payment and --------------------------------- performance in full of all of the Borrower's Obligations, the no Guarantor shall not exercise and each Guarantor hereby waives any rights against the Borrower arising as a result of payment by the such Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the no Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the such Guarantor to the Borrower; and the each Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any Bank.
Appears in 1 contract
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the ObligationsObligations ("Final Payment"), the Guarantor shall not exercise exercise, and the Guarantor hereby waives until Final Payment, any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Lenders in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any BankAgent, on behalf of the Lenders.
Appears in 1 contract
Samples: Guaranty (Global Technovations Inc)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the (A) no Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the such Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Administrative Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the (B) no Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the such Guarantor to the Borrower; and
(C) each Guarantor postpones and the Guarantor waives subordinates any benefit of and any right to participate in any collateral security which may be held by the Administrative Agent or any BankLender.
Appears in 1 contract
Samples: Guaranty (Infrasource Services Inc)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance termination of this Guaranty in full accordance with the terms of all of the ObligationsSection 9 hereof, the Guarantor shall not exercise exercise, and the Guarantor hereby waives waives, any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and the Guarantor will not prove any claim in competition with the Collateral Agent or any Bank Creditor in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Collateral Agent or any BankCreditor.
Appears in 1 contract
Samples: Guaranty Agreement (National Consumer Cooperative Bank /Dc/)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor shall not exercise exercise, and Guarantor hereby waives waives, any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the a Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any BankLender.
Appears in 1 contract
Samples: Guaranty (AERWINS Technologies Inc.)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the (A) no Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the such Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Administrative Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the (B) no Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the such Guarantor to the Borrower; and the (C) each Guarantor waives postpones and subordinates any benefit of and any right to participate in any collateral security which may be held by the Administrative Agent or any BankLender.
Appears in 1 contract
Samples: Guaranty (Infrasource Services Inc)
Waiver of Rights Against Borrower. Until the final --------------------------------- payment and --------------------------------- performance in full of all of the Obligations, the Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any Bank.
Appears in 1 contract
Samples: Guaranty (Medallion Financial Corp)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor shall not exercise exercise, and the Guarantor hereby waives waives, any rights against the Borrower arising as a result of payment by the Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the Guarantor to the Borrower; and the Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any BankLender.
Appears in 1 contract
Samples: Guaranty (Know Labs, Inc.)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor Guarantors shall not exercise exercise, and each Guarantor hereby waives waives, any rights against the Borrower arising as a result of payment by the such Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor Guarantors will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the a Guarantor to the Borrower; and the each Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any BankLender.
Appears in 1 contract
Samples: Guaranty (Abvc Biopharma, Inc.)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor Guarantors shall not exercise and hereby waives waive any rights against the Borrower Borrowers arising as a result of payment by the Guarantor Guarantors hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor Guarantors will not claim any setoff, recoupment or counterclaim against the any Borrower in respect of any liability of the Guarantor Guarantors to the such Borrower; and the Guarantor waives Guarantors waive any benefit of and any right to participate in any collateral security which may be held by the Agent or any Bank.
Appears in 1 contract
Samples: Guaranty (Rogers Corp)
Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the Guarantor Guarantors shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the such Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not prove any claim in competition with the Agent or any Bank Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor Guarantors will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the a Guarantor to the Borrower; and the each Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Agent or any BankLender.
Appears in 1 contract
Samples: Guaranty (Gse Systems Inc)