Common use of Waiver of Rights Against Company Clause in Contracts

Waiver of Rights Against Company. 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 Company 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; the Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the Guarantor to the Company; and 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 Lender.

Appears in 9 contracts

Samples: Credit Agreement (Barnes Group Inc), Revolving Credit Agreement (Barnes Group Inc), Assignment and Assumption (Barnes Group Inc)

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Waiver of Rights Against Company. Until the final payment and performance in full of all of the Xxxxxx Switzerland Obligations, the Guarantor shall not exercise and hereby waives any rights against the Company 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; the Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the Guarantor to the Company; and 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 Lender.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Barnes Group Inc), Assignment and Assumption (Barnes Group Inc), Revolving Credit Agreement (Barnes Group Inc)

Waiver of Rights Against Company. 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 Company 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; none of the Guarantor Guarantors will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the such Guarantor to the Company; and 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 Lender.

Appears in 3 contracts

Samples: Guaranty (Chart House Enterprises Inc), Chart House Enterprises Inc, Chart House Enterprises Inc

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Obligations, the Guarantor Guarantors shall not exercise and each hereby waives any rights against the any Company 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 other Secured Party 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 Company in respect of any liability of the a Guarantor to the any Company; and the 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 Lenderother Secured Party.

Appears in 2 contracts

Samples: Credit Agreement (Global Partners Lp), Credit Agreement (Global Partners Lp)

Waiver of Rights Against Company. Until the final payment and performance in full in cash of all of the Obligations, none of the Guarantor Guarantors shall not exercise and each hereby waives any rights against the Company 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; none of the Guarantor Guarantors will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the such Guarantor to the CompanyCompany in respect of any payment hereunder; and the 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 2 contracts

Samples: Guaranty (Quaker Fabric Corp /De/), Guaranty (Quaker Fabric Corp /De/)

Waiver of Rights Against Company. 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 Company 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; the no Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the any Guarantor to the Company; and the 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 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Guaranty (Seacastle Inc.)

Waiver of Rights Against Company. 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 Company 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; the Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the Guarantor to the Company; and 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 Lender.

Appears in 2 contracts

Samples: DSL Net Inc, Vantagepoint Venture Partners 1996

Waiver of Rights Against Company. 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 Company 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; the no Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the any Guarantor to the Company; and the 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 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Xxxxxx Luxembourg Obligations, the Guarantor shall not exercise and hereby waives any rights against the Company 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; the Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the Guarantor to the Company; and 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 Lender.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Barnes Group Inc), Assignment and Assumption (Barnes Group Inc)

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Obligations, the neither Guarantor shall not exercise and hereby waives any rights against the Company 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 Administrative Agent or any Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the neither Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the such Guarantor to the Company; and the 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: Reimbursement Agreement (DSL Net Inc)

Waiver of Rights Against Company. Until the final payment and performance in full of all of the ObligationsObligations (other than contingent indemnification obligations for which no claim has been asserted), none of the Guarantor Guarantors shall not exercise and hereby waives any rights against the Company arising as a result of payment by the any Guarantor hereunder, by way of subrogation, reimbursement, restitution, contribution or otherwise, and will not or 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; none of the Guarantor Guarantors will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the such Guarantor to the Company; and the each 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 Lendersuch affiliate.

Appears in 1 contract

Samples: Guaranty (Lydall Inc /De/)

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Obligations, the no Guarantor shall not exercise and each Guarantor hereby waives any rights against the Company 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 Administrative Agent or any Lender Secured Party 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 Company in respect of any liability of the such Guarantor to the Company; and the 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 LenderSecured Party.

Appears in 1 contract

Samples: Credit Agreement (Clean Harbors Inc)

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Guaranteed Obligations, the Guarantor shall not exercise and the Guarantor hereby waives any rights against the Company 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; the Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the Guarantor to the Company; and 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 Lender.

Appears in 1 contract

Samples: Term Loan Agreement (American Skiing Co /Me)

Waiver of Rights Against Company. 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 Company 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 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 Company in respect of any liability of the Guarantor to the Company; and 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 LenderBank.

Appears in 1 contract

Samples: Hadco Acquisition Corp Ii

Waiver of Rights Against Company. 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 Company 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 Administrative Agent or any Lender 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 Company in respect of any liability of the Guarantor Guarantors to the Company; and the Guarantor waives Guarantors waive any benefit of and any right to participate in any collateral security which may be held by the Administrative Agent or any LenderBank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Decisionone Holdings Corp)

Waiver of Rights Against Company. Until the final payment and --------------------------------- performance in full of all of the Obligations, to the fullest extent permitted under applicable law, the Guarantor shall not exercise and hereby waives any rights against the Company 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 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 Company in respect of any liability of the Guarantor to the Company; and 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 LenderBank.

Appears in 1 contract

Samples: Petro Holdings Financial Corp

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Obligations, the Guarantor Guarantors shall not exercise and each hereby waives any rights against the Company 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 Secured Party 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 Company in respect of any liability of the a Guarantor to the Company; and the 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 LenderSecured Party.

Appears in 1 contract

Samples: Guaranty (COMSovereign Holding Corp.)

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Waiver of Rights Against Company. 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 Company 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 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 Company in respect of any liability of the Guarantor to the Company; and 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 Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stride Rite Corp)

Waiver of Rights Against Company. 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 Company 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 Collateral Agent or any Lender Holder in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the each Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the such Guarantor to the Company; and the each Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Administrative Collateral Agent or any LenderHolder.

Appears in 1 contract

Samples: Guaranty (National Investment Managers Inc.)

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Secured Obligations, the Guarantor (a) shall not exercise exercise, and hereby waives waives, any rights against the Company 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 Investors or the Agent or any Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor , (b) will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the Guarantor to the Company; Company and the Guarantor (c) waives any benefit of and any right to participate in any collateral security which that may be held by the Administrative Agent Investors or any Lenderthe Agent.

Appears in 1 contract

Samples: Exchange Notes Guaranty (Ants Software Inc)

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Secured Obligations, the each Guarantor (a) shall not exercise exercise, and hereby waives waives, any rights against the Company 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 Purchasers or the Agent or any Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor , (b) will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the Guarantor to the Company; Company and the Guarantor (c) waives any benefit of and any right to participate in any collateral security which that may be held by the Administrative Agent Purchasers or any Lenderthe Agent.

Appears in 1 contract

Samples: Subsidiary Guaranty (Elephant Talk Communications Corp)

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Secured Obligations, the Guarantor (a) shall not exercise exercise, and hereby waives waives, any rights against the Company 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 Purchasers or the Agent or any Lender in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the Guarantor , (b) will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the Guarantor to the Company; Company and the Guarantor (c) waives any benefit of and any right to participate in any collateral security which that may be held by the Administrative Agent Purchasers or any Lenderthe Agent.

Appears in 1 contract

Samples: Guaranty (Ants Software Inc)

Waiver of Rights Against Company. Until the final payment and performance in full of all of the Obligations, the Guarantor Guarantors shall not exercise and each hereby waives any rights against the Company 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 Secured Party or any Lender Investor 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 Company in respect of any liability of the a Guarantor to the Company; and the each Guarantor waives any benefit of and any right to participate in any collateral security which may be held by the Administrative Agent Secured Party or any LenderInvestor.

Appears in 1 contract

Samples: Guaranty (COMSovereign Holding Corp.)

Waiver of Rights Against Company. 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 Company 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 Xxxxxx in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; none of the Guarantor Guarantors will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the such Guarantor to the Company; and 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 Lender.

Appears in 1 contract

Samples: Subordination Agreement (Chart House Enterprises Inc)

Waiver of Rights Against Company. 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 Company 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 Administrative Agent or any Lender 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 Company in respect of any liability of the Guarantor Guarantors to the Company; 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 Administrative Agent or any LenderBank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Digitas Inc)

Waiver of Rights Against Company. 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 Company 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 Obligee 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 Company in respect of any liability of the Guarantor to the Company; and 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 LenderObligee.

Appears in 1 contract

Samples: Barnes Group Inc

Waiver of Rights Against Company. 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 Company 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; (ii) the Guarantor will not claim any setoff, recoupment or counterclaim against the Company in respect of any liability of the Guarantor to the Company; 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 Lender.

Appears in 1 contract

Samples: Guaranty (Emmis Communications Corp)

Waiver of Rights Against Company. 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 Company 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 Administrative Agent or any Lender Investor in respect of any payment hereunder in any bankruptcy, insolvency or reorganization case or proceedings of any nature; the neither Guarantor will not claim any setoff, recoupment recoupment, or counterclaim against the Company in respect of any liability of the either Guarantor to the Company; and the 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 LenderInvestor.

Appears in 1 contract

Samples: Guaranty (Bio Solutions Manufacturing, Inc.)

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