Common use of Agreement To Pay; Subrogation Clause in Contracts

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Trustee or any other Secured Party has at law or in equity against any Notes Guarantor by virtue hereof, upon the failure of the Company to pay any Guaranteed Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Notes Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Trustee for distribution to the applicable Secured Party in cash in immediately available funds the amount of such unpaid Guaranteed Obligation. Upon payment by any Notes Guarantor of any sums to the First Lien Collateral Agent as provided above, all rights of such Notes Guarantor against the Company arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Section 7.06 of the Indenture.

Appears in 4 contracts

Samples: First Supplemental Indenture (ADT, Inc.), Supplemental Indenture (ADT, Inc.), First Supplemental Indenture (ADT, Inc.)

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Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Trustee Administrative Agent or any other Secured Party has at law or in equity against any Notes Guarantor by virtue hereof, upon the failure of the Company Borrower or any other Loan Party to pay any Guaranteed Loan Document Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Notes Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Trustee Administrative Agent for distribution to the applicable Secured Party Parties in cash in immediately available funds the amount of such unpaid Guaranteed Loan Document Obligation. Upon payment by any Notes Guarantor of any sums to the First Lien Collateral Administrative Agent as provided above, all rights of such Notes Guarantor against the Company Borrower or any other Loan Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Section 7.06 of the Indenture8.

Appears in 3 contracts

Samples: Guarantee and Security Agreement (National Mentor Holdings, Inc.), Guarantee and Security Agreement (National Mentor Holdings, Inc.), Guarantee and Security Agreement (National Mentor Holdings, Inc.)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Trustee or any other Secured Party has at law or in equity against any Notes Guarantor by virtue hereof, upon the failure of the Company Issuers to pay any Guaranteed Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Notes Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Trustee for distribution to the applicable Secured Party in cash in immediately available funds the amount of such unpaid Guaranteed Obligation. Upon payment by any Notes Guarantor of any sums to the First Lien Collateral Agent as provided above, all rights of such Notes Guarantor against the Company Issuers arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Section 7.06 of the Indenture10.06.

Appears in 3 contracts

Samples: Prime Security Services (ADT Inc.), Indenture (ADT Inc.), Prime Security Services (ADT Inc.)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Trustee Collateral Agent or any other Secured Party has at law or in equity against any Notes Guarantor by virtue hereof, upon the failure of the Company Borrower or any other Obligor to pay any Guaranteed Secured Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Notes Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Trustee Collateral Agent for distribution to the applicable Secured Party Parties in cash in immediately available funds the amount of such unpaid Guaranteed Secured Obligation. Upon payment by any Notes Guarantor of any sums to the First Lien Collateral Agent as provided above, all rights of such Notes Guarantor against the Company Borrower or any other Obligor arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Section 7.06 of the IndentureArticle 6 hereof.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Summit Midstream Partners, LP), Guarantee and Collateral Agreement (Summit Midstream Partners, LP)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Trustee Collateral Agent or any other Secured Party has at law or in equity against any Notes Guarantor by virtue hereof, upon the failure of the Company Borrower or any other Obligor to pay any Guaranteed Secured Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Notes Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Trustee Administrative Agent for distribution to the applicable Secured Party Parties in cash in immediately available funds the amount of such unpaid Guaranteed Secured Obligation. Upon payment by any Notes Guarantor of any sums to the First Lien Collateral Administrative Agent as provided above, all rights of such Notes Guarantor against the Company Borrower or any other Obligor arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Section 7.06 of the IndentureArticle 6 hereof.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Summit Midstream Partners, LP), Guarantee and Collateral Agreement (Summit Midstream Partners, LP)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Trustee Collateral Agent or any other Secured Party has at law or in equity against any Notes Guarantor by virtue hereof, upon the failure of the Company Borrower, the Co-Borrower or any other Loan Party to pay any Guaranteed Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Notes Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Trustee Collateral Agent for distribution to the applicable Secured Party Parties in cash in immediately available funds the amount of such unpaid Guaranteed Obligation. Upon payment by any Notes Guarantor of any sums to the First Lien Collateral Agent as provided above, all rights of such Notes Guarantor against the Company Borrowers or any other Guarantor arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Section 7.06 of the IndentureSections 10.07, 10.08 and 10.09.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)

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Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Trustee Administrative Agent or any other Secured Party has at law or in equity against any Notes Guarantor by virtue hereof, upon the failure of the Company any Borrower or any other Loan Agreement Party to pay any Guaranteed Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Notes Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Trustee Administrative Agent for distribution to the applicable Secured Party Parties in cash in immediately available funds the amount of such unpaid Guaranteed Obligation. Upon payment by any Notes Guarantor of any sums to the First Lien Collateral Administrative Agent as provided above, all rights of such Notes Guarantor against the Company US Borrower or any other Guarantor arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Section 7.06 of the Indenture6.

Appears in 1 contract

Samples: Credit Agreement (Continental Building Products, Inc.)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Trustee Administrative Agent or any other Secured Party has at law or in equity against any Notes Guarantor by virtue hereof, upon the failure of the Company Borrower or any other Loan Party to pay any Guaranteed Loan Document Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Notes Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Trustee Administrative Agent for distribution to the applicable Secured Party Parties in cash in immediately available funds the amount of such unpaid Guaranteed Loan Document Obligation. Upon payment by any Notes Guarantor of any sums to the First Lien Collateral Administrative Agent as provided above, all rights of such Notes Guarantor against the Company Borrower or any other Loan Party arising as a result thereof by way of right of exercise of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Section 7.06 of the Indenture8.

Appears in 1 contract

Samples: Guarantee and Security Agreement (21st Century Oncology Holdings, Inc.)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Trustee or any other Secured Party has at law or in equity against any Notes Guarantor by virtue hereof, upon the failure of the Company Issuer to pay any Guaranteed Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, each Notes Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Trustee for distribution to the applicable Secured Party in cash in immediately available funds the amount of such unpaid Guaranteed Obligation. Upon payment by any Notes Guarantor of any sums to the First Lien Collateral Agent as provided above, all rights of such Notes Guarantor against the Company Issuer arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Section 7.06 of the Indenture10.06.

Appears in 1 contract

Samples: Intercreditor Agreement (ADT Inc.)

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