Common use of Subrogation and Similar Rights Clause in Contracts

Subrogation and Similar Rights. Guarantor will not exercise any rights with respect to Lender or Obligor related to or acquired in connection with or as a result of Guarantor's making of this Guaranty which Guarantor may acquire by way of subrogation, indemnification or contribution, by reason of payment made by Guarantor hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time any such rights against Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender now or hereafter has against Obligor. If any amount shall be paid to Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Lender, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Lender to be applied in whole or in part by Lender against the Obligations, whether matured or unmatured, in such order as the Lender shall determine in its sole discretion. If Guarantor shall make payment to the Lender of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Lender and shall remain fully subject and subordinate to Lender's right to collect any other amounts which may thereafter become due to the Lender by Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Guaranty (Astea International Inc)

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Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Lender Bank or any Obligor related to or acquired in connection with or as a result of Guarantor's its making of this Guaranty which Guarantor it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by Guarantor it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time time, any such rights against the Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification indemnification, or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of LenderBank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Lender Bank to be applied in whole or in part by Lender Bank against the Obligations, whether matured or unmatured, in such order as the Lender Bank shall determine in its it sole discretion. If Guarantor shall make payment to the Lender Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Lender Bank and shall remain fully subject and subordinate to LenderBank's right to collect any other amounts which may thereafter become due to the Lender Bank by the Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Asa International LTD

Subrogation and Similar Rights. The Guarantor will not exercise any rights with respect to Lender or Obligor related to or acquired in connection with or as a result of Guarantor's making of this Guaranty which Guarantor it may acquire by way of subrogation, indemnification or contribution, by reason of any payment made by Guarantor it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until full and until such time time, any such rights against Obligor the Borrower shall be fully subordinate in lien and payment to any claim in connection with which the Obligations which Lender Bank now or hereafter has against Obligorthe Borrower. If any amount shall be paid to the Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Lenderthe Bank, shall be segregated from the other funds of the Guarantor and shall forthwith be paid over to Lender the Bank to be applied in whole or in part by Lender the Bank against the Obligations, whether matured or unmatured, in such order as accordance with the Lender shall determine in its sole discretionterms of the Loan Agreement. If the Guarantor shall make payment to the Lender Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, the Bank will, at the written request of the Guarantor's right , execute and deliver to the Guarantor (without recourse, representation or warranty) appropriate documents necessary to evidence the transfer by subrogation to the Guarantor of an interest in the Obligations resulting from such payment by the Guarantor, such subrogation shall to be without recourse to and without any implied warranties by Lender and shall remain fully subject and subordinate subordinate, however, to Lender's the Bank’s right to collect any other amounts which may thereafter become be due to the Lender Bank by Obligor in connection with the ObligationsBorrower.

Appears in 1 contract

Samples: Pure Earth, Inc.

Subrogation and Similar Rights. Guarantor will not exercise any rights with respect to Lender Banks or any Obligor related to or acquired in connection with or as a result of Guarantor's its making of this Guaranty which Guarantor it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by Guarantor it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time any such rights against the Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender Banks, or any of them, now or hereafter has against the Obligor. If any amount shall be paid to Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of LenderBanks, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Lender Agent to be applied in whole or in part by Lender Banks against the Obligations, whether matured or unmatured, in such order as the Lender Banks shall determine in its sole discretion. If Guarantor shall make payment to the Lender Agent or Banks of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Lender Banks and shall remain fully subject and subordinate to LenderAgent's and Banks' right to collect any other amounts which may thereafter become due to the Lender Banks by the Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Guaranty (Pennsylvania Real Estate Investment Trust)

Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Lender Bank or any Obligor related to or acquired in connection with or as a result of Guarantor's its making of this Guaranty which Guarantor it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by Guarantor it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time time, any such rights against the Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of LenderBank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Lender Bank to be applied in whole or in part by Lender Bank against the Obligations, whether matured or unmatured, in such order as the Lender Bank shall determine in its sole discretion. If Guarantor shall make payment to the Lender Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, . Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Lender Bank and shall remain fully subject and subordinate to LenderBank's right to collect any other amounts which may thereafter become due to the Lender Bank by the Obligor in connection with the Obligations.. -------------------------------------------------------------------------------- * CoreStates Bank, N.A. also conducts business as Philadelphia National Bank, as CoreStates First Pennsylvania Bank and as CoreStates Xxxxxxxx Bank

Appears in 1 contract

Samples: Ryka Inc

Subrogation and Similar Rights. Guarantor The Guarantors will not exercise any rights with respect to Lender or Obligor related to or acquired in connection with or as a result of Guarantor's making of this Guaranty which Guarantor they may acquire by way of subrogation, indemnification or contribution, by reason of any payment made by Guarantor any of them hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until full and until such time time, any such rights against Obligor the Borrower shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender now or hereafter has against Obligorthe Borrower. If any amount shall be paid to Guarantor the Guarantors on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Lender, shall be segregated from the other funds of Guarantor the Guarantors and shall forthwith be paid over to Lender to be applied in whole or in part by Lender against the Obligations, whether matured or unmatured, in such order as accordance with the Lender shall determine in its sole discretionterms of the Loan Documents. If Guarantor the Guarantors shall make payment to the Lender of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right Lender will, at the written request of the Guarantors, execute and deliver to the Guarantors (without recourse, representation or warranty) appropriate documents necessary to evidence the transfer by subrogation shall to the Guarantors of an interest in the Obligations resulting from such payment by the Guarantors, such subrogation to be without recourse to and without any implied warranties by Lender and shall remain fully subject and subordinate subordinate, however, to Lender's right to collect any other amounts which may thereafter become be due to the Lender by Obligor in connection with the ObligationsBorrower. 5.

Appears in 1 contract

Samples: Brandywine Realty Trust

Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Lender Bank or any Obligor related to or acquired in connection with or as a result of Guarantor's its making of this Guaranty which Guarantor it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by Guarantor it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time time, any such rights against the Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of LenderBank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Lender Bank to be applied in whole or in part by Lender Bank against the Obligations, whether matured or unmatured, in such order as the Lender Bank shall determine in its sole discretion. If Guarantor shall make payment to the Lender Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Lender Bank and shall remain fully subject and subordinate to LenderBank's right to collect any other amounts which may thereafter become due to the Lender Bank by the Obligor in connection with the Obligations. -------------------------------------------------------------------------------- * CoreStates Bank, N.A. also conducts business as Philadelphia National Bank, as Corestates First Pennsylvania Bank and as Corestates Hamixxxx Xxxk 2 jurisdiction over the Bank or any of its properties or (b) any settlement or compromise in good faith with any such claimant (including Obligor), then and in such event each Guarantor agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Guarantor, notwithstanding any termination hereof or the cancellation of any note or other instrument evidencing any Obligation, and each Guarantor shall remain liable to the Bank hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by Bank.

Appears in 1 contract

Samples: Red Bell Brewing Co

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Subrogation and Similar Rights. Guarantor will not exercise any rights with respect to Lender Bank or any Obligor related to or acquired in connection with or as a result of Guarantor's its making of this Guaranty which Guarantor it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by Guarantor it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time any such rights against the Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender Bank now or hereafter has against the Obligor. If any amount shall be paid to Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of LenderBank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Lender Bank to be applied in whole or in part by Lender Bank against the Obligations, whether matured or unmatured, in such order as the Lender Bank shall determine in its sole discretion. If Guarantor shall make payment to the Lender Bank of all or any portion of the Obligations obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Lender Bank and shall remain fully subject and subordinate to LenderBank's right to collect any other amounts which may thereafter become due to the Lender Bank by the Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Pennsylvania Real Estate Investment Trust

Subrogation and Similar Rights. Guarantor agrees that Guarantor will not exercise any rights with respect to Lender the Bank or Obligor related to or acquired in connection with or as a result of Guarantor's its making of this Guaranty which Guarantor may acquire by way of subrogation, indemnification or contribution, by reason of payment made by Guarantor it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied indefeasibly paid in full. Until such time time, any such rights against the Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender the Bank now or hereafter has against the Obligor. If any amount shall be indefeasibly paid to Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of Lenderthe Bank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Lender the Bank to be applied in whole or in part by Lender the Bank against the Obligations, whether matured or unmatured, in such order as the Lender Bank shall determine in its sole discretion. If Guarantor shall make payment to the Lender Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Lender the Bank and shall remain fully subject and subordinate to Lenderthe Bank's right to collect any other amounts which may thereafter become due to the Lender Bank by the Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Guarantee and Surety Agreement (Rait Investment Trust)

Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Lender Bank or any Obligor related to or acquired in connection with or as a result of Guarantor's its making of this Guaranty which Guarantor it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by Guarantor it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time time, any such rights against the Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of LenderBank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Lender Bank to be applied in whole or in part by Lender Bank against the Obligations, whether matured or unmatured, in such order as the Lender Bank shall determine in its sole discretion. If Guarantor shall make payment to the Lender Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, . Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Lender Bank and shall remain fully subject and subordinate to LenderBank's right to collect any other amounts which may thereafter become due to the Lender Bank by the Obligor in connection with the Obligations.

Appears in 1 contract

Samples: Nuclear Research Corp

Subrogation and Similar Rights. No Guarantor will not exercise any rights with respect to Lender Bank or any Obligor related to or acquired in connection with or as a result of Guarantor's its making of this Guaranty which Guarantor it may acquire by way of subrogation, indemnification or contribution, by reason of payment made by Guarantor it hereunder or otherwise, until after the date on which all of the Obligations shall have been satisfied in full. Until such time time, any such rights against the Obligor shall be fully subordinate in lien and payment to any claim in connection with the Obligations which Lender Bank now or hereafter has against the Obligor. If any amount shall be paid to any Guarantor on account of such subrogation, indemnification or contribution at any time when all of the Obligations and all other expenses guaranteed pursuant hereto shall not have been paid in full, such amount shall be held in trust for the benefit of LenderBank, shall be segregated from the other funds of Guarantor and shall forthwith be paid over to Lender Bank to be applied in whole or in part by Lender Bank against the Obligations, whether matured or unmatured, in such order as the Lender Bank shall determine in its sole discretion. If Guarantor shall make payment to the Lender Bank of all or any portion of the Obligations and all of the Obligations shall be paid in full, . Guarantor's right of subrogation shall be without recourse to and without any implied warranties by Lender Bank and shall remain fully subject and subordinate to LenderBank's right to collect any other amounts which may thereafter become due to the Lender Bank by the Obligor in connection with the Obligations. account of any Obligations and Bank repays all or part of said amount by reason of (a) any judgment, decree or order of any court or administrative body having jurisdiction over the Bank or any of its property, or (b) any settlement or compromise in good faith with any such claimant (including Obligor), then and in such event each Guarantor agrees that any such judgment, decree, order, settlement or compromise shall be binding upon the Guarantor, notwithstanding any termination hereof or the cancellation of any note or other instrument evidencing any Obligation, and each Guarantor shall remain liable to the Bank hereunder for the amount so repaid or recovered to the same extent as if such amount had never originally been received by Bank.

Appears in 1 contract

Samples: Corestates (JPM Co)

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