Common use of Subordination of Subrogation and Other Rights Clause in Contracts

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer that arises from the payment, performance or enforcement of such Guarantor’s obligations under the Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 15 contracts

Samples: Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.), Indenture (Hercules Offshore, Inc.)

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Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.. ARTICLE TWELVE

Appears in 14 contracts

Samples: Indenture (America Bank Note Holographics Inc), Indenture (Carrols Corp), Indenture (Tekni Plex Inc)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 9 contracts

Samples: Supplemental Indenture (Ifco Systems Nv), Indenture (Buslease Inc /New/), Registration Rights Agreement (Management Solutins Inc/)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such Guarantor’s obligations under the Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 7 contracts

Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Issuers that arises from the payment, performance or enforcement of such Guarantor’s obligations under the Note its Restricted Subsidiary Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 5 contracts

Samples: Mediacom Broadband (Mediacom Broadband Corp), Mediacom Broadband (Mediacom Broadband Corp), Mediacom Capital Corp

Subordination of Subrogation and Other Rights. Each The Guarantor hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such the Guarantor’s 's obligations under the Note Guarantee or this the Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such the Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities of each Series in accordance with the provisions provided therefor in this the Indenture.

Appears in 5 contracts

Samples: Guarantee Agreement (Calpine Canada Energy Finance Ulc), Guarantee Agreement (Calpine Canada Energy Finance Ulc), Guarantee Agreement (Calpine Corp)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.

Appears in 4 contracts

Samples: Indenture (United Auto Group Inc), Indenture (Pen Tab Industries Inc), United Auto Group Inc

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Issuers that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note its Restricted Subsidiary Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 4 contracts

Samples: Indenture (Mediacom Communications Corp), Indenture (Mediacom LLC), Mediacom Broadband Corp

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.

Appears in 3 contracts

Samples: Indenture (FCC Acquisitions Corp), Performance Materials I Inc, Fedders Corp /De

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer that arises from the payment, performance or enforcement of such Guarantor’s obligations under the Note Guarantee or this Supplemental Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Supplemental Indenture.

Appears in 2 contracts

Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Borrower that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note its Guarantee or this Indentureany Loan Document, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Loans and Notes in accordance with the provisions provided therefor in this IndentureAgreement.

Appears in 2 contracts

Samples: Primestar Inc, Primestar Inc

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Guarantee its Guaranty or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 2 contracts

Samples: Advanced Medical Optics (Advanced Medical Optics Inc), Amo Holdings LLC

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Borrower that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note its Guarantee or this IndentureAgreement, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all the outstanding Senior Subordinated Notes in accordance with the provisions provided therefor in this IndentureAgreement.

Appears in 2 contracts

Samples: Senior Subordinated Note Purchase Agreement (Matlinpatterson Global Opportunities Partners Lp), Subordinated Note Purchase Agreement (Polymer Group Inc)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Guarantee its Guaranty or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.

Appears in 2 contracts

Samples: Tci Satellite Entertainment Inc, Tci Satellite Entertainment Inc

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the an Issuer that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Parent Guarantee or a Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 2 contracts

Samples: Alliance Laundry Holdings LLC, Alliance Laundry Holdings LLC

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Issuers that arises from the payment, performance or enforcement of such Guarantor’s obligations under the Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 2 contracts

Samples: Indenture (Stonemor Partners Lp), Indenture (Stonemor Partners Lp)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the either Issuer that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Guarantee its Guaranty or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Digital Television Services of Kansas LLC

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Issuers that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.. ARTICLE TWELVE

Appears in 1 contract

Samples: Aas Capital Corp

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Issuers that arises from the payment, performance or enforcement of such Guarantor’s obligations under the Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Couche Tard (3055854 Nova Scotia Co)

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Subordination of Subrogation and Other Rights. Each Holdings and each Guarantor hereby agrees agree that any claim against the an Issuer that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Holdings Guarantee or a Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of Holdings or such Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Graham Packaging Holdings Co

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Guarantee Guarantees or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Cott Corp /Cn/

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Issuers that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Norcross Capital Corp

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note its Affiliate Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Lin Television Corp

Subordination of Subrogation and Other Rights. Each Guarantor Guarantor, if any, hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Supplemental Indenture (TNP Enterprises Inc)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer Company that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note Guarantee or this Indentureits Guarantee, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenturethe Notes.

Appears in 1 contract

Samples: St John Knits International Inc

Subordination of Subrogation and Other Rights. Each The Guarantor hereby agrees that any claim against the Issuer that arises from the payment, performance or enforcement of such the Guarantor’s obligations under the Note Parent Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such the Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Eco Telecom LTD

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the an Issuer that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note a Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Indenture (Graham Packaging Holdings Co)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the an Issuer that arises from the payment, performance or enforcement of such Guarantor’s obligations under the Note its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such any Guarantor shall be made before, the payment in full in cash of all outstanding Notes Securities in accordance with the provisions provided therefor in this Indenture.. ARTICLE TWELVE

Appears in 1 contract

Samples: Indenture (Euramax International PLC)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the Issuer that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note its Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.. ARTICLE TWELVE

Appears in 1 contract

Samples: HRM Holdings Corp

Subordination of Subrogation and Other Rights. Each Guarantor Guarantor, if any, hereby agrees that any claim against the Issuer Issuers that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the Note applicable Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Notes in accordance with the provisions provided therefor in this Indenture.. ARTICLE TWELVE

Appears in 1 contract

Samples: Indenture (GPPW Inc)

Subordination of Subrogation and Other Rights. Each Guarantor hereby agrees that any claim against the an Issuer that arises from the payment, performance or enforcement of such Guarantor’s 's obligations under the a Senior Discount Note Guarantee or this Indenture, including, without limitation, any right of subrogation, shall be subject and subordinate to, and no payment with respect to any such claim of such Guarantor shall be made before, the payment in full in cash of all outstanding Senior Discount Notes in accordance with the provisions provided therefor in this Indenture.

Appears in 1 contract

Samples: Avalon Cable Holdings Finance Inc

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