No Right of Subrogation. Unless and until all Obligations of Borrower under the Loan Documents have been irrevocably and indefeasibly paid in full, performed and discharged, and the Lenders no longer have any obligation to make Advances, Guarantor waives and agrees not to enforce any claim, right or remedy which Guarantor may now have or hereafter acquires against the Borrower that arises hereunder and/or from the payment or performance by Guarantor of the Guaranteed Obligations, whether or not any such claim, right or remedy arises in equity, under contract, by statute or otherwise, including: (i) any right of Guarantor to be subrogated in whole or in part to any claim, right or remedy of Administrative Agent or any Lender; (ii) any claim, right or remedy of reimbursement, exoneration, contribution or indemnification from the Borrower or participation in any claim, right or remedy of Administrative Agent or any Lender against the Borrower, any security which Administrative Agent or any Lender now has or hereafter acquires; and (iii) any right to require the marshalling of assets of the Borrower. Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by the Loan Agreement and that the waivers set forth in this Paragraph are knowingly made in contemplation of such benefits.
Appears in 2 contracts
Samples: Payment Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.), Payment Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.)
No Right of Subrogation. Unless and until all Obligations (as such term is defined in the Loan Agreement) of Borrower under the Loan Documents have been irrevocably and indefeasibly paid in full, performed and discharged, and the Lenders no longer have any obligation to make Advances, Guarantor waives and agrees not to enforce any claim, right or remedy which Guarantor may now have or hereafter acquires against the Borrower that arises hereunder and/or from the payment or performance by Guarantor of the Guaranteed Obligationsobligations guaranteed hereunder, whether or not any such claim, right or remedy arises in equity, under contract, by statute or otherwise, including: (i) any right of Guarantor to be subrogated in whole or in part to any claim, right or remedy of Administrative Agent or any Lender; (ii) any claim, right or remedy of reimbursement, exoneration, contribution or indemnification from the Borrower or participation in any claim, right or remedy of Administrative Agent or any Lender against the Borrower, any security which Administrative Agent or any Lender now has or hereafter acquires; and (iii) any right to require the marshalling of assets of the Borrower. Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by the Loan Agreement and that the waivers set forth in this Paragraph are knowingly made in contemplation of such benefits.
Appears in 1 contract
Samples: Carve Out Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.)
No Right of Subrogation. Unless and until all Obligations of Borrower under Until the Loan Documents have has been irrevocably and indefeasibly paid in full, performed and discharged, and the Lenders no longer have any obligation to make Advances, Guarantor waives and agrees not to enforce any claim, right or remedy which Guarantor may now have or hereafter acquires against the Borrower that arises hereunder and/or from the payment or performance by Guarantor of the Guaranteed Obligations, whether or not any such claim, right or remedy arises in equity, under contract, by statute or otherwise, including: , without limitation, (i) any right of Guarantor to be subrogated in whole or in part to any claim, right or remedy of Administrative Agent or any Lender; (ii) any claim, right or remedy of reimbursement, exoneration, contribution or indemnification from the Borrower or participation in any claim, right or remedy of Administrative Agent or any Lender against the Borrower, any security which Administrative Agent or any Lender now has or hereafter acquires; and (iii) any right to require the marshalling of assets of the Borrower. Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by the Loan Agreement Deed of Trust and that the waivers set forth in this Paragraph are knowingly made in contemplation of such benefits.
Appears in 1 contract
Samples: Agreement of Guaranty and Suretyship (Behringer Harvard Opportunity REIT I, Inc.)
No Right of Subrogation. Unless and until all Secured Obligations of Borrower under the Loan Documents have been irrevocably and indefeasibly paid in full, performed and discharged, and the Lenders no longer have any obligation to make Advances, Guarantor Indemnitor waives and agrees not to enforce any claim, right or remedy which Guarantor Indemnitor may now have or hereafter acquires against the Borrower any other Indemnitor that arises hereunder and/or from the payment or performance by Guarantor Indemnitor of the Guaranteed Obligationsobligations hereunder, whether or not any such claim, right or remedy arises in equity, under contract, by statute or otherwise, including: (ia) any right of Guarantor Indemnitor to be subrogated in whole or in part to any claim, right or remedy of the Administrative Agent or any Lenderother Indemnitee; (iib) any claim, right or remedy of reimbursement, exoneration, contribution or indemnification from the Borrower Indemnitor or participation in any claim, right or remedy of the Administrative Agent or any Lender other Indemnitee against the BorrowerIndemnitor, any security which the Administrative Agent or any Lender now has have or hereafter acquiresacquire; and (iiic) any right to require the marshalling of assets of the BorrowerIndemnitor. Guarantor Indemnitor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by the Loan Credit Agreement and that the waivers set forth in this Paragraph are knowingly made in contemplation of such benefits.
Appears in 1 contract
Samples: Credit Agreement (Andersons, Inc.)
No Right of Subrogation. Unless and until all Obligations of Borrower under the Loan Documents have been irrevocably and indefeasibly paid in full, performed and discharged, and the Lenders no longer have any obligation to make Advances, Guarantor waives and agrees not to enforce any claim, right or remedy which Guarantor may now have or hereafter acquires against the Borrower that arises hereunder and/or from the payment or performance by Guarantor of the Guaranteed Obligationsobligations guaranteed hereunder, whether or not any such claim, right or remedy arises in equity, under contract, by statute or otherwise, including: (i) any right of Guarantor to be subrogated in whole or in part to any claim, right or remedy of Administrative Agent or any Lender; (ii) any claim, right or remedy of reimbursement, exoneration, contribution or indemnification from the Borrower or participation in any claim, right or remedy of Administrative Agent or any Lender against the Borrower, any security which Administrative Agent or any Lender now has or hereafter acquires; and (iii) any right to require the marshalling of assets of the Borrower. Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by the Loan Agreement and that the waivers set forth in this Paragraph are knowingly made in contemplation of such benefits.
Appears in 1 contract
Samples: Carve Out Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.)