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, no Guarantor shall exercise any rights against the Borrower 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 Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; no Guarantor will claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of such Guarantor to the Borrower; and each 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 (Pc Ephone Inc), Credit Agreement (Pc Ephone Inc)

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Waiver of Rights Against Borrower. Until the final payment and performance in full of all of the Obligations, no Guarantor shall exercise any rights against the Borrower arising as a result of payment by such any 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; no Guarantor will claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of any such Guarantor to the Borrower; and each Guarantor of the Guarantors waives any benefit of and any right to participate in any collateral security which may be held by the Lender.

Appears in 1 contract

Samples: Guaranty (Moran Transportation Co)

Waiver of Rights Against Borrower. Until the final payment in cash and performance in full of all of the Obligations, no Guarantor shall exercise exercise, and each Guarantor hereby waives, any rights against the Borrower arising as a result of payment by such Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and no Guarantor 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; no Guarantor will claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of such Guarantor to the Borrower; and 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 Lender.

Appears in 1 contract

Samples: u.s. Revolving Credit Agreement (Ems Technologies Inc)

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Waiver of Rights Against Borrower. Until the final payment and performance in full of all of the Obligations, no the Guarantor shall not exercise and hereby waives any rights against the Borrower arising as a result of payment by such the 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 bankruptcy, insolvency or reorganization case or proceedings of any nature; no the Guarantor will not claim any setoff, recoupment or counterclaim against the Borrower in respect of any liability of such Guarantor to the Borrower; and each the Guarantor 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: Guaranty (Weider Nutrition International Inc)

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