Common use of Waiver of Rights Against Borrower Clause in 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 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: National Restaurant Enterprises Holdings Inc, Medallion Financial Corp, National Restaurant Enterprises Holdings Inc

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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 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 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 2 contracts

Samples: Security Agreement (Incannex Healthcare Inc.), Guaranty (Safe & Green Development 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 payment and --------------------------------- performance in full of all of the Obligations, the 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 Agent or any Bank Lender 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 BankLender.

Appears in 2 contracts

Samples: Credit Agreement (Pc Ephone Inc), Credit Agreement (Pc Ephone Inc)

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

Samples: Guaranty (Northann Corp.), Guaranty (Marizyme 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 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), Medallion Financial Corp

Waiver of Rights Against Borrower. Until the final payment --------------------------------- and --------------------------------- performance in full of all of the Obligations, none of the Guarantor Guarantors shall not exercise and each of the Guarantors 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 bankruptcyBankruptcy, insolvency or reorganization case or proceedings of any nature; none of the Guarantor Guarantors will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the such Guarantor to the Borrower; and each of the Guarantor Guarantors 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: Jackson Products 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: 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.)

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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 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 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 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 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)

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 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

Samples: Revolving Credit Agreement (Rti Capital Corp)

Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Obligations, the no Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by the any 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 no Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of the any such Guarantor to the Borrower; and each of the Guarantor Guarantors 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: Moran Transportation Co

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 (Weider Nutrition International Inc)

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