Common use of Subordination of Subrogation, Etc Clause in Contracts

Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.7, each Loan Party hereby expressly and irrevocably subordinates to payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Loan Party acknowledges and agrees that this subordination is intended to benefit Administrative Agent and Lenders and shall not limit or otherwise affect such Loan Party's liability hereunder or the enforceability of this Article 11 and that Administrative Agent, Lenders and their respective successors and assigns are intended third-party beneficiaries of the waivers and agreements set forth in this Section 11.4.

Appears in 2 contracts

Samples: Loan and Security Agreement (Us Lec Corp), Loan and Security Agreement (Us Lec Corp)

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Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.710.7, each Loan Party hereby expressly and irrevocably subordinates to payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Loan Party acknowledges and agrees that this subordination is intended to benefit Administrative Agent and Lenders Lender and shall not limit or otherwise affect such Loan Party's ’s liability hereunder or the enforceability of this Article 11 X, and that Administrative Agent, Lenders Lender and their its respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this Section 11.410.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.7SECTION 12.7, each Loan Credit Party hereby expressly and irrevocably subordinates to payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Loan Credit Party acknowledges and agrees that this subordination is intended to benefit Administrative Agent and Lenders and shall not limit or otherwise affect such Loan Credit Party's liability hereunder or the enforceability of this Article 11 SECTION 12, and that Administrative Agent, Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this Section 11.4SECTION 12.4.

Appears in 1 contract

Samples: Credit Agreement (Recycling Industries Inc)

Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Document, and except as set forth in Section 11.713.7, each Loan Party hereby expressly and irrevocably subordinates to payment of the Obligations any and all rights at law or in equity to subrogation, reimbursement, exoneration, contribution, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations are indefeasibly paid in full in cash. Each Loan Party acknowledges and agrees that this subordination is intended to benefit Administrative Agent and Lenders and shall not limit or otherwise affect such Loan Party's ’s liability hereunder or the enforceability of this Article 11 Section 13, and that Administrative Agent, Lenders and their respective successors and assigns are intended third-third party beneficiaries of the waivers and agreements set forth in this Section 11.413.4.

Appears in 1 contract

Samples: Credit Agreement (Princeton Review Inc)

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Subordination of Subrogation, Etc. Notwithstanding anything to the contrary in this Agreement or in any other Loan Documentdocument, and except as set forth in Section 11.7agreement or instrument, each Loan Credit Party hereby expressly expressly, unconditionally and irrevocably subordinates to payment of the Obligations obligations owing hereunder, any and all rights at law or in equity to subrogation, reimbursement, exoneration, contributioncontributions, indemnification or set off and any and all defenses available to a surety, guarantor or accommodation co-obligor until the Obligations all such obligations are indefeasibly paid in full in cash. Each Loan Credit Party acknowledges and agrees that this subordination is intended to benefit Administrative the Agent and the Lenders and shall not limit or otherwise affect such Loan Party's person’s liability hereunder or the enforceability of this Article 11 Section 23.22, and that Administrative Agent, the Agent and the Lenders and their respective successors and assigns and participants are intended third-third party beneficiaries of the waivers and agreements set forth in this Section 11.423.22.

Appears in 1 contract

Samples: Credit Agreement (Harvest Health & Recreation Inc.)

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