Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 12.7, each Credit Party hereby expressly and irrevocably waives any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor. Each Credit Party acknowledges and agrees that this waiver is intended to benefit Agent and Lenders and shall not limit or otherwise affect such Credit Party’s liability hereunder or the enforceability of this Section 12, and that Agent, Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 12.4.
Appears in 2 contracts
Samples: Credit Agreement (Thermadyne Holdings Corp /De), Credit Agreement (Thermadyne Holdings Corp /De)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 12.7, each Credit Party hereby expressly and irrevocably waives any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor. Each Credit Party acknowledges and agrees that this waiver is intended to benefit Agent and Lenders and shall not limit or otherwise affect such Credit Party’s 's liability hereunder or the enforceability of this Section 12, and that Agent, Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 12.4.
Appears in 2 contracts
Samples: Credit Agreement (Thermadyne Holdings Corp /De), Credit Agreement (Thermadyne Holdings Corp /De)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 12.710.07, each Credit Party hereby expressly and irrevocably waives any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor. Each Credit Party acknowledges and agrees that this waiver is intended to benefit each Agent and each of the Lenders and shall not limit or otherwise affect such Credit Party’s liability hereunder or the enforceability of this Section 12Article X, and that the Administrative Agent, the Collateral Agent, the Funding Agent, the Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 12.410.04.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Thermadyne Holdings Corp /De)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any of the other Loan Document, and except as set forth in Section 12.7Transaction Documents, each Credit Party hereby expressly and irrevocably waives any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor. Each Credit Party acknowledges and agrees that this waiver is intended to benefit Agent and Lenders Purchaser and shall not limit or otherwise affect such Credit Party’s liability hereunder or the enforceability of this Section 128, and that Agent, Lenders Purchaser and their respective its successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 12.48.4.
Appears in 1 contract
Samples: Senior Note Purchase Agreement (As Seen on TV, Inc.)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 12.715.7, each Credit Party hereby expressly and irrevocably waives any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor. Each Credit Party acknowledges and agrees that this waiver is intended to benefit Agent and Lenders Lender and shall not limit or otherwise affect such Credit Party’s 's liability hereunder or the enforceability of this Section 1215, and that Agent, Lenders Lender and their respective its successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 12.415.4.
Appears in 1 contract
Samples: Loan and Security Agreement (Prospect Medical Holdings Inc)
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Transaction Document, and except as set forth in Section 12.7, each Credit Party hereby expressly and irrevocably waives any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor. Each Credit Party acknowledges and agrees that this waiver is intended to benefit Agent and Lenders Lender and shall not limit or otherwise affect such Credit Party’s liability hereunder or the enforceability of this Section 12Article 7, and that Agent, Lenders Agent and Lender and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 12.47.4.
Appears in 1 contract
Waiver of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 12.710.07, each Credit Party hereby expressly and irrevocably waives any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor. Each Credit Party acknowledges and agrees that this waiver is intended to benefit the Administrative Agent. the Collateral Agent and the Lenders and shall not limit or otherwise affect such Credit Party’s liability hereunder or the enforceability of this Section 12Article X, and that the Administrative Agent, the Collateral Agent, the Lenders and their respective successors and assigns are intended third party beneficiaries of the waivers and agreements set forth in this Section 12.410.04.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Thermadyne Holdings Corp /De)