Common use of No Subrogation Clause in Contracts

No Subrogation. Notwithstanding any payment or payments made by any Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 4 contracts

Samples: Indenture (Hess Midstream Partners LP), Indenture (Hess Midstream Partners LP), Indenture (Hess Midstream LP)

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No Subrogation. Notwithstanding any payment or payments made by any Each Note Guarantor hereunder, no Guarantor agrees that it shall not be entitled to be subrogated to any right of subrogation in respect of the rights of the Trustee or any Holder against the Issuer Note Guarantors or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Guaranteed Obligations, nor shall any of the Guarantors Note Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor Issuers in respect of payments made by such Note Guarantor hereunder, hereunder until payment in full in cash or Cash Equivalents of all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Obligations are paid in fullGuaranteed Obligations. If any amount shall be paid to any of the Guarantors Note Guarantor on account of such subrogation rights at any time when all of the Note Guaranteed Obligations shall not have been paid in fullfull in cash or Cash Equivalents, such amount shall be held by such Note Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Note Guarantor, and shall, forthwith upon receipt by such Note Guarantor, be turned over to the Trustee in the exact form received by such Note Guarantor (duly indorsed endorsed by such Note Guarantor to the Trustee, if required), to be applied against the Note Guaranteed Obligations.

Appears in 4 contracts

Samples: Indenture (Elan Corp PLC), Elan Finance (Elan Corp PLC), Elan Corp PLC

No Subrogation. Notwithstanding any payment or payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer Company or any collateral security other Guarantor or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Guaranteed Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Company or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer Company on account of the Note Guaranteed Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Guaranteed Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Guaranteed Obligations.

Appears in 3 contracts

Samples: First Supplemental Indenture (Marvell Technology Group LTD), Third Supplemental Indenture (Marvell Technology, Inc.), Second Supplemental Indenture (Marvell Technology, Inc.)

No Subrogation. Notwithstanding any payment or payments made by any Guarantor the Guarantors hereunder, no Guarantor none of the Guarantors shall not be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer Company or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors seek or be entitled to seek any contribution or reimbursement from the Issuer Company or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders Holders, by the Issuer Company on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 3 contracts

Samples: Supplemental Indenture (Acuity Brands Inc), Acuity Brands (Acuity Brands Lighting, Inc.), Indenture (Acuity Brands Inc)

No Subrogation. Notwithstanding any payment or payments made by any a Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder holder of the Notes against the Issuer or any collateral security or guarantee or right of offset held by the Trustee or any Holder holder of the Notes for the payment of amounts owed by the Note Issuer and the Guarantors pursuant to this Indenture and the Notes (β€œObligations, ”) nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such the Guarantor in trust for the Trustee and the Holdersholders of the Notes, segregated from other funds of such Guarantor, the Guarantor and shall, forthwith upon receipt by such the Guarantor, be turned over to the Trustee in the exact form received by such the Guarantor (duly indorsed endorsed by such the Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 3 contracts

Samples: Indenture (Central European Media Enterprises N.V.), Indenture (CME Media Enterprises B.V.), Central European Media Enterprises LTD

No Subrogation. Notwithstanding any payment or payments made by any the Guarantor hereunder, no the Guarantor shall not be entitled to be subrogated to any of the rights of the Trustee or any Holder of Notes against the Issuer Company or any collateral security or guarantee or right of offset held by the Trustee or any Holder of Notes for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor Company in respect of payments made by such the Guarantor hereunder, until all amounts owing to the Trustee and the Holders Holder of Notes by the Issuer Company on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such the Guarantor in trust for the Trustee and the HoldersHolder of Notes, segregated from other funds of such the Guarantor, and shall, forthwith upon receipt by such the Guarantor, be turned over to the Trustee in the exact form received by such the Guarantor (duly indorsed by such the Guarantor to the Trustee, if required), to be applied against the Note Obligations.. ARTICLE THREE

Appears in 3 contracts

Samples: Second Supplement (America Movil Sab De Cv/), America Movil Sab De Cv/, America Movil Sab De Cv/

No Subrogation. Notwithstanding any payment or payments made by any Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer Issuers or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors seek or be entitled to seek any contribution or reimbursement from the Issuer Issuers or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer Issuers on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 2 contracts

Samples: Indenture (Hess Midstream LP), Indenture (Hess Midstream Partners LP)

No Subrogation. Notwithstanding any payment or payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer or any collateral security other Guarantor or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee Trustee, the Collateral Agent and the Holders by the Issuer on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 2 contracts

Samples: Warrant Agreement (Ultra Petroleum Corp), Indenture (Ultra Petroleum Corp)

No Subrogation. Notwithstanding any payment or payments made by any Guarantor the Pledgors hereunder, no Guarantor Pledgor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder Secured Party against the Issuer Borrower or any collateral security or guarantee or right of offset held by the Trustee or any Holder Secured Party for the payment of the Note Borrower Obligations, nor shall any of the Guarantors Pledgor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor Borrower in respect of payments made by such Guarantor Pledgor hereunder, until all amounts owing to the Trustee and the Holders Secured Parties by the Issuer Borrower on account of the Note Borrower Obligations are paid in full. If any amount shall be paid to any of the Guarantors Pledgor on account of such subrogation rights at any time when all of the Note Borrower Obligations shall not have been paid in full, such amount shall be held by such Guarantor Pledgor in trust for the Trustee Collateral Agent, the Administrative Agent and the HoldersLenders, segregated from other funds of such GuarantorPledgor, and shall, forthwith upon receipt by such GuarantorPledgor, be turned over to the Trustee Collateral Agent in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required)Pledgor, to be applied against the Note Borrower Obligations.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Potomac Electric Power Co), Pledge and Security Agreement (Exelon Generation Co LLC)

No Subrogation. Notwithstanding any payment or payments made by any the Parent Guarantor hereunder, no the Parent Guarantor shall not be entitled to be subrogated to any of the rights of any holder of the Trustee or any Holder Notes against the Issuer or any collateral security or guarantee guaranty or right of offset held by the Trustee or any Holder holder for the payment of the Note Obligations, nor shall any of the Guarantors Parent Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Subsidiary Guarantor in respect of payments made by such the Parent Guarantor hereunder, until all amounts owing to the Trustee and holders of the Holders Notes by the Issuer on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Parent Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such the Parent Guarantor in trust for the Trustee and holders of the HoldersNotes, segregated from other funds of such the Parent Guarantor, and shall, forthwith upon receipt by such the Parent Guarantor, be turned over to the Trustee holders of the Notes in the exact form received by such the Parent Guarantor (duly indorsed by such the Parent Guarantor to the Trusteeholders of the Notes, if required), to be applied against the Note Obligations.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Brandywine Operating Partnership Lp /Pa), Subsidiary Guaranty Agreement (Brandywine Realty Trust)

No Subrogation. Notwithstanding any payment or payments made by any Each Note Guarantor hereunder, no Guarantor agrees that it shall not be entitled to be subrogated to any right of subrogation in respect of any of the rights guaranteed Obligations under this Indenture or the Notes until payment in full of all Obligations under this Indenture or the Trustee Notes and all obligations under this Indenture or any Holder against the Issuer Notes to which the Obligations under this Indenture or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Obligations Notes are paid in fullsubordinated. If any amount shall be paid to any of the Guarantors Note Guarantor on account of such subrogation rights at any time when all of the Note Obligations under this Indenture or the Notes and all obligations to which the Obligations under this Indenture or the Notes are subordinated shall not have been paid in full, such amount shall be held by such Note Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Note Guarantor, and shall, forthwith upon receipt by such Note Guarantor, be turned over to the Trustee in the exact form received by such Note Guarantor (duly indorsed endorsed by such Note Guarantor to the Trustee, if required), to be applied against the Note ObligationsObligations under this Indenture or the Notes or obligations to which the Obligations under this Indenture or the Notes are subordinated.

Appears in 2 contracts

Samples: Indenture (Constar International Inc), Indenture (Constar Inc)

No Subrogation. Notwithstanding any payment or payments made by any Note Guarantor hereunder, no Note Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer Issuers or any other Note Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors Note Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Issuers or any other Note Guarantor in respect of payments made by such Note Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer Issuers on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Note Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Note Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Note Guarantor, and shall, forthwith upon receipt by such Note Guarantor, be turned over to the Trustee in the exact form received by such Note Guarantor (duly indorsed by such Note Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Indenture (Palace Entertainment Holdings, Inc.)

No Subrogation. Notwithstanding any payment or payments made by any Guarantor the Guarantors hereunder, no Guarantor none of the Guarantors shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed endorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Indenture (Sunstone Hotel Investors, Inc.)

No Subrogation. Notwithstanding any payment or payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer or any collateral security other Guarantor or any guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Guaranteed Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Guaranteed Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Guaranteed Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Guaranteed Obligations.. 124

Appears in 1 contract

Samples: Indenture (Burger King Holdings Inc)

No Subrogation. Notwithstanding any payment or payments made by any Guarantor hereunderhereunder or application of funds of any Guarantor by any Lender, no Guarantor shall be entitled to be subrogated to any of the rights of any Lender against the Trustee Borrower or any Holder against the Issuer or any collateral security other Guarantor or guarantee or right of offset held by the Trustee or any Holder Lender for the payment of the Note Borrower Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Borrower or any other Guarantor in respect of payments made by such Guarantor hereunder, in either case, until all amounts owing to the Trustee and the Holders Lenders by the Issuer Borrower on account of the Note Borrower Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Borrower Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the HoldersLenders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee Lenders in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required)Guarantor, to be applied against the Note Borrower Obligations, whether matured or unmatured, in accordance with the provisions of Section 8.2 of the Credit Agreement.

Appears in 1 contract

Samples: Guarantee Agreement (New World Restaurant Group Inc)

No Subrogation. Notwithstanding any payment or payments made by any Guarantor of the Guarantors hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder Noteholder against the Issuer Company or any other Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder Noteholder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Company or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders Noteholders by the Issuer Company on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the HoldersNoteholders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form from received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Wolverine Tube Inc

No Subrogation. Notwithstanding any payment or payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer or any collateral security other Guarantor or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Guaranteed Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Guaranteed Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Guaranteed Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Guaranteed Obligations.

Appears in 1 contract

Samples: Indenture (OLIN Corp)

No Subrogation. Notwithstanding any payment or payments made by any Guarantor the Guarantors hereunder, no Guarantor none of the Guarantors shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Lexington Master Limited Partnership

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No Subrogation. Notwithstanding any payment or payments made by any the Guarantor hereunder, no the Guarantor shall not be entitled to be subrogated any rights of subrogation with respect to any of the rights of the Trustee or any Holder against the Issuer or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such the Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such the Guarantor in trust for the Trustee and the Holders, segregated from other funds of such the Guarantor, and shall, forthwith upon receipt by such the Guarantor, be turned over to the Trustee in the exact form received by such the Guarantor (duly indorsed by such the Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Indenture (Scripps Networks Interactive, Inc.)

No Subrogation. Notwithstanding any payment or payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer or any collateral security other Guarantor or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time 121 when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Indenture (ANTERO RESOURCES Corp)

No Subrogation. Notwithstanding any payment or -------------- payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer Company or any other Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Company or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer Company on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Applied Business Telecommunications

No Subrogation. Notwithstanding any payment or payments made by any the Guarantor hereunder, no the Guarantor shall not be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer Company or any other Subsidiary Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Company or any other Subsidiary Guarantor in respect of payments made by such the Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer Company on account of the Note Obligations obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations obligations shall not have been paid in full, such amount shall be held by such the Guarantor in trust for the Trustee and the Holders, segregated from other funds of such the Guarantor, and shall, forthwith upon receipt by such the Guarantor, be turned over to the Trustee in the exact form received by such the Guarantor (duly indorsed by such the Guarantor to the Trustee, if required), to be applied against the Note Obligationsobligations.

Appears in 1 contract

Samples: Subsidiary Guarantee (Nebraska Book Co)

No Subrogation. Notwithstanding any payment or payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer or any other Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Quiksilver Inc

No Subrogation. Notwithstanding any payment or payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer Company or any other Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note ObligationsGuarantees, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Company or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer Company on account of the Note Obligations Guarantee are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations Guarantees shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note ObligationsGuarantees.

Appears in 1 contract

Samples: Indenture (Mastec Inc)

No Subrogation. Notwithstanding any payment or payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer Issuers or any other Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Issuers or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer Issuers on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.. 56 49

Appears in 1 contract

Samples: Ticketmaster Corp /Il/

No Subrogation. Notwithstanding any payment or payments made by any Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer Company or any other Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Company or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer Company on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Tango of Arundel, Inc.

No Subrogation. Notwithstanding any payment or payments made by any each Guarantor hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder against the Issuer or the Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder for the payment of the Note Guaranteed Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders by the Issuer on account of the Note Guaranteed Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Guaranteed Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the Holders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Guaranteed Obligations.

Appears in 1 contract

Samples: Macy's, Inc.

No Subrogation. Notwithstanding any payment or payments made by any Guarantor hereunderhereunder or any set-off or application of funds of any Guarantor by the Vendor, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee Vendor against the Company or any Holder against the Issuer other Guarantor or any collateral security or guarantee or right of offset held by the Trustee or any Holder Vendor for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Company or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders Vendor by the Issuer Company on account of the Note Obligations are indefeasibly paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the HoldersVendor, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee Vendor in the exact form received by such Guarantor (duly indorsed by such Guarantor to the TrusteeVendor, if required), to be applied against the Note Obligations, whether matured or unmatured, in such order as the Vendor may determine.

Appears in 1 contract

Samples: Subsidiary Guarantee (ChromaDex Corp.)

No Subrogation. Notwithstanding any payment or payments made by any Guarantor of the Guarantors hereunder, no Guarantor shall be entitled to be subrogated to any of the rights of the Trustee or any Holder Securityholder against the Issuer Company or any other Guarantor or any collateral 93 86 security or guarantee or right of offset held by the Trustee or any Holder Securityholder for the payment of the Note Obligations, nor shall any of the Guarantors Guarantor seek or be entitled to seek any contribution or reimbursement from the Issuer Company or any other Guarantor in respect of payments made by such Guarantor hereunder, until all amounts owing to the Trustee and the Holders Securityholders by the Issuer Company on account of the Note Obligations are paid in full. If any amount shall be paid to any of the Guarantors Guarantor on account of such subrogation rights at any time when all of the Note Obligations shall not have been paid in full, such amount shall be held by such Guarantor in trust for the Trustee and the HoldersSecurityholders, segregated from other funds of such Guarantor, and shall, forthwith upon receipt by such Guarantor, be turned over to the Trustee in the exact form received by such Guarantor (duly indorsed by such Guarantor to the Trustee, if required), to be applied against the Note Obligations.

Appears in 1 contract

Samples: Ero Marketing Inc

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