Common use of Waiver of Rights Against Borrower Clause in Contracts

Waiver of Rights Against Borrower. Until the final payment in cash and performance in full of all of the Obligations, none of the Guarantors shall exercise and hereby waives any rights against the Borrower or any other Guarantor arising as a result of payment by 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 Secured Party in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; none of the Guarantors will claim any setoff, recoupment or counterclaim against the Borrower or any other Guarantor in respect of any liability of such Guarantor to the Borrower or such other Guarantor; and each of the Guarantors waives any benefit of and any right to participate in any collateral security which may be held by the Administrative Agent or any Secured Party.

Appears in 4 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

AutoNDA by SimpleDocs

Waiver of Rights Against Borrower. Until the final payment in cash and performance in full of all of the Obligations, none Obligations and any and all other obligations of the Guarantors Borrower to the Lender or any affiliate of the Lender, no Guarantor shall exercise and hereby waives any rights against the Borrower or any other Guarantor guarantor of the Obligations arising as a result of payment by such any Guarantor hereunderhereunder (or any other guarantor), by way of subrogation, reimbursement, restitution, contribution or otherwise, and no Guarantor will not prove any claim in competition with the Administrative Agent Lender or any Secured Party such affiliate in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; none of the Guarantors no Guarantor will claim any setoff, recoupment or counterclaim against the Borrower or any other Guarantor in respect of any liability of such any Guarantor to the Borrower or such other GuarantorBorrower; and each of the Guarantors Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Administrative Agent Lender or any Secured Partysuch affiliate.

Appears in 2 contracts

Samples: Credit Agreement (Harvest Natural Resources, Inc.), Guaranty (Harvest Natural Resources, Inc.)

AutoNDA by SimpleDocs

Waiver of Rights Against Borrower. Until the final payment in cash and performance in full of all of the ObligationsObligations and any and all other obligations of the Borrower to the Agent or any Bank or any affiliate of the Agent or such Bank, none of the Guarantors shall exercise and hereby waives any rights against the Borrower or any other Guarantor arising as a result of payment by 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 Secured Party Bank or such affiliate in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; none of the Guarantors will claim any setoff, recoupment or counterclaim against the Borrower or any other Guarantor in respect of any liability of such Guarantor to the Borrower or such other GuarantorBorrower; and each of the Guarantors waives any benefit of and any right to participate in any collateral security which may be held by the Administrative Agent or any Secured PartyBank or any such affiliate.

Appears in 1 contract

Samples: Guaranty (Charlotte Russe Holding Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!