Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty or in any other Loan Document, each Guarantor hereby: (a) until the payment and satisfaction in full in cash of the Guaranteed Obligations, expressly waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-off or to any other rights that could accrue to a surety against a principal, to a Guarantor against a principal, to a Guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and (b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents and the Lenders and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the Guaranty, and (ii) that the Agents, the Lenders and their respective successors and assigns are intended third-party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 and their rights under this SECTION 12.10 shall survive payment in full of the Guaranteed Obligations.
Appears in 3 contracts
Samples: Superpriority Debtor in Possession Credit Agreement (James River Coal CO), Term Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s 's execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders and shall not limit or otherwise effect any Guarantor’s 's liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 2.8 and their rights under this SECTION 12.10 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 3 contracts
Samples: Second Lien Guaranty (RadNet, Inc.), Guaranty (Primedex Health Systems Inc), Second Lien Guaranty (Primedex Health Systems Inc)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Agreement, or in any other Loan Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s 's execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents and the Lenders Secured Parties and shall not limit or otherwise effect any Guarantor’s 's liability hereunder or the enforceability of the Guaranty, and (ii) that the Agents, the Lenders and their respective successors and assigns are intended third-party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Agreement and their rights under this SECTION 12.10 Section 9.7 shall survive payment in full of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Secured Super Priority Debtor in Possession Credit Agreement (Delta Air Lines Inc /De/), Secured Debtor in Possession Credit Agreement (Delta Air Lines Inc /De/)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty or in any other Loan Document, each Guarantor hereby:
(a) until the payment and satisfaction in full in cash of the Guaranteed Obligations, expressly waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-off or to any other rights that could accrue to a surety against a principal, to a Guarantor against a principal, to a Guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agents, the L/C Issuers and the Lenders and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the Guaranty, and (ii) that the Agents, the L/C Issuers, the Lenders and their respective successors and assigns are intended third-party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 and their rights under this SECTION 12.10 shall survive payment in full of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Revolving Credit Agreement (James River Coal CO), Revolving Credit Agreement (James River Coal CO)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), for all periods prior to the Termination Date, any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Personperson or entity, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders and shall not limit or otherwise effect any affect Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty (Salient Surgical Technologies, Inc.), Guaranty (Salient Surgical Technologies, Inc.)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor herebyGuarantor:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), until the occurrence of the Guaranty Termination Date (as defined below), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Loan Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents and the Lenders Lender and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the Agents, the Lenders Lender and their respective its successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty (RGC Resources Inc), Guaranty (RGC Resources Inc)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty or in any other Loan Document, each Guarantor hereby:
(a) until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations, expressly waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a any Guarantor against a principal, to a any Guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such any Guarantor may have or hereafter acquire against any other Credit Party in connection with or as a result of such any Guarantor’s execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees jointly and severally (i) that this waiver is intended to benefit the Agents and the Lenders Secured Parties and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the Guaranty, Guaranty and (ii) that the Agents, the Lenders Secured Parties and their respective successors and assigns are intended third-party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 11.10 and their rights under this SECTION 12.10 Section 11.10 shall survive payment in full of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Global Power Equipment Group Inc/), Credit Agreement (Global Power Equipment Group Inc/)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until expressly and irrevocably waives to the payment and satisfaction in full in cash of the Guaranteed Obligations, expressly waivesextent not prohibited under applicable law, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s 's execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders and shall not limit or otherwise effect any Guarantor’s 's liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 2.9 and their rights the benefit afforded them under this SECTION 12.10 2.9 shall survive payment in full of the Guaranteed Obligations.
Appears in 2 contracts
Samples: Guaranty (Ddi Corp), Guaranty (Ddi Corp)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Agreement, or in any other Loan Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents and the Lenders Secured Parties and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the Guaranty, and (ii) that the Agents, the Lenders and their respective successors and assigns are intended third-party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Agreement and their rights under this SECTION 12.10 Section 9.7 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Secured Super Priority Debtor in Possession Credit Agreement (Delta Air Lines Inc /De/)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor herebyGuarantor:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), until the occurrence of the Guaranty Termination Date (as defined below), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Loan Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Administrative Agent and the Lenders and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAdministrative Agent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (RGC Resources Inc)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Debt Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Personperson or entity, and which such Guarantor may have or hereafter acquire against any Credit Loan Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders and shall not limit or otherwise effect affect any Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each the Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such the Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such the Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such the Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents and the Lenders Bank and shall not limit or otherwise effect any the Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the Agents, the Lenders Bank and their its respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (Navteq Corp)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty or in any other Loan Document, each Guarantor hereby:
(a) until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations, expressly waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor against a principal, to a Guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Administrative Agent and the Lenders and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the Guaranty, Guaranty and (ii) that the AgentsAdministrative Agent, the Lenders and their respective successors and assigns are intended third-party beneficiaries of the waivers and agreements set forth in this SECTION Section 12.10 and their rights under this SECTION Section 12.10 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Subordinated Credit Agreement (Oppenheimer Holdings Inc)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty or in any other Loan Document, each Guarantor hereby:
(a) until the indefeasible payment and satisfaction in full in cash of the Guaranteed Obligations, expressly waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor against a principal, to a Guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents and the Lenders Secured Creditors and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the Guaranty, Guaranty and (ii) that the Agents, the Lenders Secured Creditors and their respective successors and assigns are intended third-party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 11.10 and their rights under this SECTION 12.10 Section 11.10 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Silicon Graphics Inc)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until expressly and irrevocably waives to the payment and satisfaction in full in cash of the Guaranteed Obligations, expressly waivesmaximum extent permitted by law, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s 's execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Administrative Agent and the Lenders Revolver Secured Parties and shall not limit or otherwise effect any Guarantor’s 's liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAdministrative Agent, the Lenders Revolver Secured Parties and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in the Loan Agreement or any other Loan DocumentOther Agreement, each Guarantor hereby:
(a) until the payment : expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party Borrower in connection with or as a result of such Guarantor’s 's execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) and acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders and shall not limit or otherwise effect any Guarantor’s 's liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (LSB Industries Inc)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this US Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any US Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementUS Guaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents US Agent and the US Lenders and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the this US Guaranty, and (ii) that the AgentsUS Agent, the Collateral Agent, US Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Us Guaranty (RPP Capital Corp)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s 's execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Term Agent and the Lenders Term Secured Parties and shall not limit or otherwise effect any Guarantor’s 's liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsTerm Agent, the Lenders Term Secured Parties and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Debt Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Personperson or entity, and which such Guarantor may have or hereafter acquire against any Credit Loan Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders and shall not limit or otherwise effect any affect Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until the payment and satisfaction Obligations are paid in full in cash of the Guaranteed Obligationsfull, expressly and irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s 's execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents and the Lenders and shall not limit or otherwise effect any Guarantor’s 's liability hereunder or the enforceability of the Guaranty, and (ii) that the Agents, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 8.10 and their rights under this SECTION 12.10 Section 8.10 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until expressly and irrevocably waives, to the payment and satisfaction in full in cash of the Guaranteed Obligations, expressly waivesfullest extent permitted by law, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders Secured Parties and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders Secured Parties and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (Neff Finance Corp.)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until the payment expressly and satisfaction in full in cash of the Guaranteed Obligations, expressly irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor against a principal, to a Guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees that (i) that this waiver is intended to benefit the Agents and the Participating Lenders and shall not limit or otherwise effect affect any Guarantor’s liability hereunder or the enforceability of the Guaranty, Guaranty and (ii) that the Agents, the Participating Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 14.10 and their rights under this SECTION 12.10 Section 14.10 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (SOI Holdings, Inc.)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until the payment and satisfaction Obligations are paid in full in cash of the Guaranteed Obligationsfull, expressly and irrevocably waives, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s 's execution, delivery and/or performance of this Agreement, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents and the Lenders and shall not limit or otherwise effect any Guarantor’s 's liability hereunder or the enforceability of the Guaranty, and (ii) that the Agents, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 8.10 and their rights under this SECTION 12.10 8.10 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) expressly and irrevocably waives (until the payment and satisfaction in full in cash earlier of the Guaranteed Obligations, expressly waivesTermination Date and the Release Date) the exercise of, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.8 and their rights under this SECTION 12.10 Section 2.8 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in the Guaranty this Guaranty, or in any other Loan Document, each Guarantor hereby:
(a) until expressly and irrevocably waives to the payment and satisfaction in full in cash of the Guaranteed Obligations, expressly waivesextent not prohibited under applicable law, on behalf of itself and its successors and assigns (including any surety), any and all rights at law or in equity to subrogation, to reimbursement, to exoneration, to contribution, to indemnification, to set-set off or to any other rights that could accrue to a surety against a principal, to a Guarantor guarantor against a principal, to a Guarantor guarantor against a maker or obligor, to an accommodation party against the party accommodated, to a holder or transferee against a maker, or to the holder of any claim against any Person, and which such Guarantor may have or hereafter acquire against any Credit Party in connection with or as a result of such Guarantor’s execution, delivery and/or performance of this AgreementGuaranty, or any other documents to which such Guarantor is a party or otherwise; and
(b) acknowledges and agrees (i) that this waiver is intended to benefit the Agents Agent and the Lenders and shall not limit or otherwise effect any Guarantor’s liability hereunder or the enforceability of the this Guaranty, and (ii) that the AgentsAgent, the Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this SECTION 12.10 Section 2.9 and their rights the benefit afforded them under this SECTION 12.10 Section 2.9 shall survive payment in full of the Guaranteed Obligations.
Appears in 1 contract
Samples: Guaranty (Ddi Corp)