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 Guaranteed Obligations and any and all other Obligations of the Borrower to the Lender under the Loan Documents, (i) the Guarantor shall not exercise 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 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 Lender.

Appears in 2 contracts

Samples: Credit Agreement (Ss&c Technologies Inc), Joint and Several Continuing Guaranty Agreement (Ss&c Technologies Inc)

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Waiver of Rights Against Borrower. Until the final payment and performance in full of all of the Guaranteed Obligations and any and all other Obligations of the Borrower to the Lender under the Loan DocumentsObligations, (ia) 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 Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; (iib) 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 (iiic) the Guarantor waives any benefit of and any right to participate in any cash collateral security for Reimbursement Obligations as contemplated by Sections 4.2(b) and (c) of the Credit Agreement which may be held by the Administrative Agent or any Lender.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Coach Inc), Revolving Credit Agreement (Coach Inc)

Waiver of Rights Against Borrower. Until the final payment and performance in full of all of the Guaranteed Obligations and any and all other Obligations of the Borrower to the Lender under the Loan DocumentsObligations, (ia) 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 Administrative Agent or any Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; , (iib) the each 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 (iiic) the each Guarantor waives any benefit of and any right to participate in any cash collateral security for Reimbursement Obligations as contemplated by Section 4.1.7 of the Credit Agreement which may be held by the Administrative Agent or any Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Coach Inc)

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Waiver of Rights Against Borrower. Until the final payment and --------------------------------- performance in full of all of the Guaranteed Obligations and any and all other Obligations Obligations, none of the Borrower to Guarantors shall exercise and each of the Lender under the Loan Documents, (i) the Guarantor shall not exercise 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 Lender Agent or any Bank in respect of any payment hereunder in any bankruptcyBankruptcy, insolvency or reorganization case or proceedings of any nature; (ii) 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 (iii) each of the Guarantor Guarantors waives any benefit of and any right to participate in any collateral security which may be held by the LenderAgent or any Bank.

Appears in 1 contract

Samples: Credit Agreement (Jackson Products Inc)

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