Common use of Right To Include ( Clause in Contracts

Right To Include (. so long as any of the Borrower’s Obligations and Liabilities remain outstanding (including such part thereof, if any, that exceeds the liability of the Guarantor hereunder, if the liability of the Guarantor is expressly limited hereunder), the Lender will have the right to include, in any claim made by it, the amount of all sums paid by the Guarantor, whether under this Guarantee or otherwise, and to prove and rank for and receive dividends in respect to such claim; any and all right to prove and rank for such sums paid by the Guarantor and to receive the full amount of all dividends in respect thereof is hereby assigned and transferred by the Guarantor to the Lender.

Appears in 2 contracts

Sources: Guarantee, Indemnity and Postponement of Claims, Guarantee, Indemnity and Postponement of Claims