Common use of Postponement of Subrogation, etc Clause in Contracts

Postponement of Subrogation, etc. Each Parent Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IX, by any payment made under the guaranty set forth in this Article IX or otherwise, until the prior payment in full in cash of all Obligations of the Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to any Parent Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent Borrower Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXX, by any payment made under the guaranty set forth in this Article IX X or otherwise, until the prior payment in full in cash of all Obligations of the each Borrower Debtor and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements Credit and the termination of all Commitments. Any amount paid to any Parent Borrower Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the each Borrower Debtor and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the each Borrower Debtor and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent Guarantor Aegis agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXARTICLE X, by any payment made under the guaranty set forth in this Article IX ARTICLE X or otherwise, until the prior payment in full in cash of all Obligations of the Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to any Parent Guarantor Aegis on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties Lenders and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties Lenders and each holder of a Note and credited and applied against the Obligations of the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; providedPROVIDED, howeverHOWEVER, that if

Postponement of Subrogation, etc. Each The Parent Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IX, by any payment made under the guaranty set forth in this Article IX or otherwise, until the prior payment in full in cash of all Obligations of the Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements Obligor and the termination of all Commitmentsthe Term Loan Commitment. Any amount paid to any the Parent Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Lender Parties and each holder of a Term Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Lender Parties and each holder of a Term Note and credited and applied against the Obligations of the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXGuaranty, by any payment made under the guaranty set forth in this Article IX hereunder or otherwise, until the prior payment in full in cash of or cash collateralization in full of all Obligations of the Borrower Borrowers and each other Obligor, the termination termination, expiration or expiration cash collateralization of all Letters of Credit, the termination or expiration of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to any Parent the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower Borrowers and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent Agents for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the Borrower Borrowers and each other Obligor, whether matured or unmatured, in accordance with the terms of this the Credit Agreement; providedPROVIDED, howeverHOWEVER, that if

Postponement of Subrogation, etc. Each Parent Borrower Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXX, by any payment made under the guaranty set forth in this Article IX X or otherwise, until the prior payment in full in cash of all Obligations of the each Borrower Debtor and 104 each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements Credit and the termination of all Commitments. Any amount paid to any Parent Borrower Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the each Borrower Debtor and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the each Borrower Debtor and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent Subsidiary Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXXII, by any payment made under the guaranty set forth in this Article IX XII or otherwise, until the prior payment in full in cash of all Obligations of the Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements Credit and the termination of all Commitments. Any amount paid to any Parent Subsidiary Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower and each other Obligor shall be held in trust for the benefit of the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent The Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXGuaranty, by any payment made under the guaranty set forth in this Article IX hereunder or otherwise, until the prior payment in full in cash of all Obligations of the Borrower and each other Obligor, the termination or expiration of all Letters each Letter of CreditCredit (unless such Letter of Credit has been cash collateralized or a backstop letter of credit has been issued in favor of the relevant Issuing Bank, the termination or expiration of all Rate Protection Agreements acceptable in form and substance to such Issuing Bank) and the termination of all Commitments. Any amount paid to any Parent the Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Collateral Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent Guarantor Holdings agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXARTICLE X, by any payment made under the guaranty set forth in this Article IX ARTICLE X or otherwise, until the prior payment in full in cash of all monetary Obligations of the each Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements Credit and the termination of all Commitments. Any amount paid to any Parent Guarantor Holdings on account of any such subrogation rights prior to the payment in full in cash of all monetary Obligations of the each Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the monetary Obligations of the each Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; providedPROVIDED, howeverHOWEVER, that if

Postponement of Subrogation, etc. Each Parent Guarantor hereby agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXGuaranty, by any payment made under the guaranty set forth in this Article IX hereunder or otherwise, until the prior payment in full in cash of all Obligations of the each Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to any Parent Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the each Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the each Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this the Credit Agreement; providedPROVIDED, howeverHOWEVER, that if

Postponement of Subrogation, etc. Each Parent Guarantor hereby agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXGuaranty, by any payment made under the guaranty set forth in this Article IX hereunder or otherwise, until the prior payment in full in cash of all then accrued or due and payable monetary Obligations of the Borrower and each other ObligorObligor have been paid in full, the termination or expiration of all Letters of CreditCredit have been terminated, the termination cash-collateralized or expiration of expired and all Rate Protection Agreements and the termination of all CommitmentsCommitments shall have terminated. Any amount paid to any Parent Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXGuaranty, by any payment made hereunder or otherwise (not including payments expressly permitted to be made under the guaranty set forth in this Article IX or otherwise, Credit Agreement) until the prior payment payment, in full and in cash cash, of all Obligations of the Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to any Parent Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this the Credit Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent Guarantor Holdings agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXX, by any payment made under the guaranty set forth in this Article IX X or otherwise, until the prior payment in full in cash of all monetary Obligations of the each Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements Credit and the termination of all Commitments. Any amount paid to any Parent Guarantor Holdings on account of any such subrogation rights prior to the payment in full in cash of all monetary Obligations of the each Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the monetary Obligations of the each Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent Guarantor Holdings agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IXX, by any payment made under the guaranty set forth in this Article IX X or otherwise, until the prior payment in full in cash of all monetary Obligations of the each Borrower and each other Obligor, . Each Borrower hereby permanently and irrevocably waives any such rights of subrogation it may acquire under the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements and the termination of all Commitments. guaranty set forth in this Article X. Any amount paid to any Parent Guarantor Holdings on account of any such subrogation rights prior to the payment in full in cash of all monetary Obligations of the each Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the monetary Obligations of the each Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; provided, however, that if

Postponement of Subrogation, etc. Each Parent Designated Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article ARTICLE IX, by any payment made under the guaranty set forth in this Article ARTICLE IX or otherwise, until the prior payment in full in cash of all Obligations of the Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to any Parent Designated Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; providedPROVIDED, howeverHOWEVER, that if

Postponement of Subrogation, etc. Each Parent Designated Guarantor agrees that it will not exercise any rights which it may acquire by way of rights of subrogation under the guaranty set forth in this Article IX, by any payment made under the guaranty set forth in this Article IX or otherwise, until the prior payment in full in cash of all Obligations of the Borrower and each other Obligor, the termination or expiration of all Letters of Credit, the termination or expiration of all Rate Protection Agreements and the termination of all Commitments. Any amount paid to any Parent Designated Guarantor on account of any such subrogation rights prior to the payment in full in cash of all Obligations of the Borrower and each other Obligor shall be held in trust for the benefit of the Secured Parties and each holder of a Note and shall immediately be paid to the Administrative Agent for the benefit of the Secured Parties and each holder of a Note and credited and applied against the Obligations of the Borrower and each other Obligor, whether matured or unmatured, in accordance with the terms of this Agreement; provided, however, that if