Common use of Waiver; Subrogation Clause in Contracts

Waiver; Subrogation. (a) The Guarantor hereby waives diligence, presentment, demand of payment, filing of claims with a court in the event of merger or bankruptcy of the Issuer, any right to require a proceeding filed first against the Issuer, protest or notice with respect to the Debt Securities or the indebtedness evidenced thereby and all demands whatsoever. (b) The Guarantor shall be subrogated to all rights of the Trustee or the holders of any Debt Securities against the Issuer in respect of any amounts paid to the Trustee or such holder by the Guarantor pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of or based upon, such right of subrogation until all Obligations shall have been paid in full.

Appears in 4 contracts

Samples: Guarantee (Waste Management Holdings Inc), Guarantee (Waste Management Inc), Guarantee (Waste Management Inc)

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Waiver; Subrogation. (a) The Guarantor hereby waives notice of acceptance of this Guarantee, diligence, presentment, marshaling, demand of payment, notice of dishonor, notice of default and notice of nonpayment, filing of claims with a court in the event of merger or bankruptcy of the Issuer, any right to require a proceeding filed first against the Issuer, protest or notice with respect to the Debt Securities or the indebtedness evidenced thereby and all demands whatsoever. (b) The Guarantor shall be subrogated to all rights of the Trustee or the holders Holders of any Debt Securities against the Issuer in respect of any amounts paid to the Trustee or such holder Holder by the Guarantor pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of of, or based upon, such right of subrogation until all Obligations shall have been paid in full.

Appears in 3 contracts

Samples: Guarantee (Danaher Corp /De/), Guarantee (Danaher Corp /De/), Guarantee (Danaher Corp /De/)

Waiver; Subrogation. (a) The Guarantor hereby waives notice of acceptance of the Guarantee, diligence, presentment, demand of payment, filing of claims with a court in the event of merger or bankruptcy of the IssuerCompany, any right to require a proceeding filed first against the IssuerCompany, protest or notice with respect to the Debt Securities Notes or the indebtedness evidenced thereby and all demands whatsoever. (b) The Guarantor shall be subrogated to all rights of the Trustee or the holders Holders of any Debt Securities Notes against the Issuer Company in respect of any amounts paid to the Trustee or such holder Holder by the Guarantor pursuant to the provisions of this GuaranteeGuarantee Agreement; provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of of, or based upon, such right of subrogation until all Obligations shall have been paid in full.

Appears in 3 contracts

Samples: Guarantee Agreement (Walgreens Boots Alliance, Inc.), Guarantee Agreement (Walgreen Co), Guarantee Agreement (Walgreen Co)

Waiver; Subrogation. (a) The Guarantor hereby waives notice of acceptance of this Guarantee, diligence, presentment, demand of payment, filing of claims with a court in the event of merger or bankruptcy of the Issuer, any right to require a proceeding filed first against the Issuer, protest or notice with respect to the Debt Securities or the indebtedness evidenced thereby and all demands whatsoever. (b) The Guarantor shall be subrogated to all rights of the Trustee or the holders Holders of any Debt Securities against the Issuer in respect of any amounts paid to the Trustee or such holder Holder by the Guarantor pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of of, or based upon, such right of subrogation until all Obligations shall have been paid in full.

Appears in 2 contracts

Samples: Guarantee Agreement (Hewlett Packard Enterprise Co), Guarantee (Marathon Oil Corp)

Waiver; Subrogation. (a) The Guarantor hereby waives notice of acceptance of the Guarantee, diligence, presentment, demand of payment, filing of claims with a court in the event of merger or bankruptcy of the IssuerCompany, any right to require a proceeding filed first against the IssuerCompany, protest or notice with respect to the Debt Securities or the indebtedness evidenced thereby and all demands whatsoever. (b) . The Guarantor shall be subrogated to all rights of the Trustee or the holders Holders of any Debt Securities against the Issuer Company in respect of any amounts paid to the Trustee or such holder Holder by the Guarantor pursuant to the provisions of this GuaranteeEighth Supplemental Indenture; provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of of, or based upon, such right of subrogation until all Obligations shall have been paid in full.

Appears in 1 contract

Samples: Supplemental Indenture (Hewlett Packard Enterprise Co)

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Waiver; Subrogation. (a) The Guarantor hereby waives notice of acceptance of this Guarantee, diligence, presentment, demand of payment, filing of claims with a court in the event of merger or bankruptcy of the Issuer, any right to require a proceeding filed first against the Issuer, protest or notice with respect to the Debt Securities Notes or the indebtedness evidenced thereby and all demands whatsoever. (b) The Guarantor shall be subrogated to all rights of the Trustee or the holders Holders of any Debt Securities Notes against the Issuer in respect of any amounts paid to the Trustee or such holder Holder by the Guarantor pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of of, or based upon, such right of subrogation until all Obligations shall have been paid in full.

Appears in 1 contract

Samples: Guarantee Agreement (General Electric Co)

Waiver; Subrogation. (a) The Guarantor hereby waives notice of acceptance of this Guarantee, diligence, presentment, demand of payment, filing of claims with a court in the event of merger or bankruptcy of the IssuerCompany, any right to require a proceeding filed first against the IssuerCompany, protest or notice with respect to the Debt Securities Notes or the indebtedness evidenced thereby and all demands whatsoever. (b) The Guarantor shall be subrogated to all rights of the Trustee or the holders Holders of any Debt Securities Notes against the Issuer Company in respect of any amounts paid to the Trustee or such holder Holder by the Guarantor pursuant to the provisions of this Guarantee; provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of of, or based upon, such right of subrogation until all Obligations shall have been paid in full.

Appears in 1 contract

Samples: Guarantee Agreement (Spectrum Brands Holdings, Inc.)

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