Common use of Subrogation Clause in Contracts

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 58 contracts

Samples: Indenture (Freescale Semiconductor Inc), Indenture (NXP Semiconductors N.V.), Indenture (Catalent, Inc.)

AutoNDA by SimpleDocs

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Company in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Company under this Indenture or the Notes shall have been paid in full.

Appears in 47 contracts

Samples: Senior Notes Indenture (Brinker International Inc), Senior Notes Indenture (Darling Ingredients Inc.), Indenture (MultiPlan Corp)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 28 contracts

Samples: Indenture (Prestige Consumer Healthcare Inc.), Indenture (Prestige Brands Holdings, Inc.), Indenture (APX Group Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 20 contracts

Samples: Intercreditor Agreement (Hilton Grand Vacations Inc.), Indenture (Alight Group, Inc.), Indenture (Hilton Worldwide Holdings Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 19 contracts

Samples: Indenture (Nielsen Holdings PLC), Indenture (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Indenture (PBF Holding Co LLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by obligations of the Issuer under this Indenture or and the Notes shall have been paid in full.

Appears in 13 contracts

Samples: Indenture (FTAI Aviation Ltd.), Supplemental Indenture (Fortress Transportation & Infrastructure Investors LLC), Supplemental Indenture (Meredith Corp)

Subrogation. Each Subject to the fifth paragraph of Section 10.01 and Section 10.02 hereof, each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 12 contracts

Samples: Indenture (Benefit Holding, Inc.), Indenture (Quintiles IMS Holdings, Inc.), Indenture (Iqvia Holdings Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 11 contracts

Samples: Indenture (Nesco Holdings, Inc.), Senior Notes Indenture (Darling Ingredients Inc.), Senior Secured Notes Indenture (DIEBOLD NIXDORF, Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by obligations of the Issuer Issuers under this Indenture or and the Notes shall have been paid in full.

Appears in 11 contracts

Samples: Indenture (Uniti Group Inc.), Indenture (Communications Sales & Leasing, Inc.), Indenture (OUTFRONT Media Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 11 contracts

Samples: Passu Intercreditor Agreement (BMC Stock Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.), Indenture (Hill-Rom Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 11.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 10 contracts

Samples: Indenture (SeaWorld Entertainment, Inc.), Indenture (Michaels Stores Inc), Collateral Trust Agreement (Energy Future Intermediate Holding CO LLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof12.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture with respect to the Notes or the Notes shall have been paid in full.

Appears in 10 contracts

Samples: Indenture (PennyMac Financial Services, Inc.), Indenture (Mr. Cooper Group Inc.), Supplemental Indenture (Mr. Cooper Group Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or and the Notes shall have been paid in full.

Appears in 8 contracts

Samples: Indenture (Avantor, Inc.), Indenture (Avantor, Inc.), Indenture (Covanta Holding Corp)

Subrogation. Each Note Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any such Note Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor none of the Note Guarantors shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 7 contracts

Samples: Indenture (Realogy Holdings Corp.), Indenture (Realogy Group LLC), Indenture (Realogy Group LLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 7 contracts

Samples: Base Indenture (Dell Technologies Inc), Security Agreement (Denali Holding Inc.), Base Indenture (Dell Technologies Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided provided, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 6 contracts

Samples: Indenture (Summit Materials, Inc.), Indenture (Summit Materials, LLC), Indenture (Summit Materials, LLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof1201; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 6 contracts

Samples: Indenture (Aar Corp), Supplemental Indenture (Engility Holdings, Inc.), Indenture (Advanced Drainage Systems, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 11.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 5 contracts

Samples: Indenture (Avago Technologies LTD), Indenture (ReAble Therapeutics Finance LLC), Intercreditor Agreement (DJO Finance LLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof12.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 5 contracts

Samples: Supplemental Indenture (Apergy Corp), Supplemental Indenture (Ww International, Inc.), Indenture (Weight Watchers International Inc)

Subrogation. Each The Parent Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any the Parent Guarantor pursuant to the provisions of Section 10.01 1.1 hereof; provided that, if an Event of Default has occurred and is continuing, no the Parent Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this the Indenture or the Notes shall have been paid in full.

Appears in 5 contracts

Samples: Guaranty (Springleaf Holdings, Inc.), Guaranty (Springleaf Holdings, Inc.), Guaranty (Springleaf Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any such Guarantor pursuant to the provisions of Section 10.01 hereofthis Article 10; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 5 contracts

Samples: Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Indenture (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided thatprovided, that if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 5 contracts

Samples: Intercreditor Agreement, Indenture (Michaels Companies, Inc.), Indenture (Viasat Inc)

Subrogation. Each of the Guarantors and the Parent Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor or the Parent Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no neither any Guarantor nor the Parent Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 5 contracts

Samples: Indenture (Aramark), Indenture (Aramark), Indenture (Aramark)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided provided, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 4 contracts

Samples: Indenture (Performance Food Group Co), Indenture (Performance Food Group Co), Indenture (Performance Food Group Co)

Subrogation. Each Subject to the fifth paragraph of Section 11.01 and Section 11.02, each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 11.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 4 contracts

Samples: Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.), Indenture (Life Time Group Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of the Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 4 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Capmark Finance Inc.), Supplemental Indenture (Capmark Finance Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof13.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 4 contracts

Samples: Intercreditor Agreement (Tops PT, LLC), Indenture (Constellium N.V.), Indenture (Tops Holding Corp)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by obligations of the Issuer under this Indenture or and the Notes shall have been paid in full.

Appears in 4 contracts

Samples: Second Lien Intercreditor Agreement (Entercom Communications Corp), Credit Agreement (Beasley Broadcast Group Inc), Halyard Health, Inc.

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof1201; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 4 contracts

Samples: Supplemental Indenture (Entegris Inc), Supplemental Indenture (Entegris Inc), Supplemental Indenture (Entegris Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereofthis Indenture; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 3 contracts

Samples: Indenture (Zayo Group LLC), Indenture (Zayo Group Holdings, Inc.), Indenture (Zayo Group LLC)

Subrogation. Each Subject to the fifth paragraph of Section 10.01 and Section 10.02, each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 3 contracts

Samples: Indenture (Staples Inc), Indenture (IMS Health Holdings, Inc.), Indenture (IMS Health Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 3 contracts

Samples: Senior Notes Indenture (Intrepid Aviation LTD), Senior Secured (Talos Energy Inc.), Senior Secured (EnVen Energy Corp)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof12.01; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 3 contracts

Samples: Note Purchase Agreement (Clearwire Corp /DE), Supplemental Indenture (Clearwire Corp /DE), Note Purchase Agreement (Sprint Nextel Corp)

Subrogation. Each Guarantor shall be is hereby subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 3 contracts

Samples: Indenture (J Crew Group Inc), Indenture (J Crew Group Inc), Credit Agreement (J Crew Group Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 12.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Toys R Us Inc), Indenture (Toys R Us Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof12.01; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Supplemental Indenture (On Semiconductor Corp), Supplemental Indenture (Lantheus MI Intermediate, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer or the Co-Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Five Point Holdings, LLC), Indenture (Five Point Holdings, LLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 11.01 hereof; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (DJO Finance LLC), Indenture (DJO Finance LLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 12.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Toys R Us Inc), Indenture (Toys R Us Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of 2017 A Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the 2017 A Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Communications Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of 2017 B Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the 2017 B Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (CC Media Holdings Inc)

Subrogation. Each The Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture, Indenture (Norbord Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof1201; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (TRAC Intermodal LLC), Supplemental Indenture (Clearwire Corp /DE)

Subrogation. Each The Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.01 hereof1601 of this Indenture; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this the Indenture or the Notes Securities shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, that if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Senior Notes Indenture (Claires Stores Inc), Intercreditor Agreement (Claires Stores Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Series B Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Series B Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Alliance Resource Partners Lp), Indenture (Alliance Holdings GP, L.P.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Series A Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Series A Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, that no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (INC Research Holdings, Inc.), Indenture (INC Research Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes Securities against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes Securities shall have been paid in full.

Appears in 2 contracts

Samples: Base Indenture (Dell International L.L.C.), Base Indenture (Dell Technologies Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes holders against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions until payment in full of Section 10.01 hereofall obligations guaranteed hereby; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Senior Notes Indenture (Hanesbrands Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.. 134

Appears in 1 contract

Samples: Indenture (Kraton Corp)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or and the Notes shall have been paid in full.. SECTION 10.05

Appears in 1 contract

Samples: ______________________________________________________________________________ Indenture (New Fortress Energy Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 9.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Exco Resources Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 11.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by obligations of the Issuer Issuers under this Indenture or and the Notes shall have been paid in full.

Appears in 1 contract

Samples: Communications Sales & Leasing, Inc.

Subrogation. Each Upon the execution and delivery of this Indenture, each Guarantor shall be subrogated to all rights of Holders of Secured Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Secured Notes shall have been paid in full.

Appears in 1 contract

Samples: Collateral Agreement (Sinclair Broadcast Group Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes holders against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof14.01; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (RAIT Financial Trust)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof2 of this Agreement; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this the Indenture or the Notes Securities shall have been paid in full.

Appears in 1 contract

Samples: Guarantee Agreement (Kraft Heinz Co)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, that no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Senior Notes Indenture (Woodside Homes, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof‎Section 10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Paysafe LTD)

Subrogation. Each The Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.01 hereof14.01; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (KKR Financial Holdings LLC)

AutoNDA by SimpleDocs

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Co-Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof11.01; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Co-Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Sealy Corp)

Subrogation. Each The Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.01 hereof1601 of this Indenture; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this the Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Qimonda Finance LLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 ‎Section 11.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be 135 entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by obligations of the Issuer Issuers under this Indenture or and the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Uniti Group Inc.)

Subrogation. Each The Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any the Guarantor pursuant to on account of the provisions of Section 10.01 hereof2028 Notes or the Fiscal Agency Agreement; provided provided, however, that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture the Fiscal Agency Agreement or the 2028 Notes shall have been paid in full.

Appears in 1 contract

Samples: Albemarle Corp

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer xxxx in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Intercreditor Agreement (Campbell Alliance Group Inc)

Subrogation. Each New Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any such New Guarantor pursuant to the provisions of Section 2 hereof and Section 10.01 hereofof the Indenture; provided that, if an Event of Default has occurred and is continuing, no New Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this the Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Supplemental Indenture (Nexeo Solutions Finance Corp)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof‎Section 12.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (GMS Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 11.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Subordinated Notes Indenture (American Tire Distributors Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 ‎Section 11.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by obligations of the Issuer Issuers under this Indenture or and the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Uniti Group Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof1201; provided provided, however, that, if an Event of Default has occurred each Guarantor waives and is continuing, no Guarantor shall be entitled to enforce will not in any manner whatsoever claim or receive any payments arising out take the benefit or advantage of, any rights of reimbursement, indemnity or based upon, subrogation or any other rights against Parent or any other Restricted Subsidiary as a result of any payment by such right of subrogation Restricted Subsidiary under its Guarantee until all amounts then due and payable by the Issuer under this Indenture or with respect to the Notes shall have been paid in full.

Appears in 1 contract

Samples: Supplemental Indenture (Liberty Global PLC)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of the Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, that no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Capmark Financial Group Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, 117 no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Microsemi Corp)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof11.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Senior Secured Notes Indenture (Lri Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 14.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture Note Purchase Agreement or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Form of Note Purchase Agreement (APX Group Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by obligations of the Issuer Issuers under this Indenture or and the Notes shall have been paid in full.

Appears in 1 contract

Samples: CONDUENT Inc

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof11.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or Indenture, the Notes or any other Secured Obligations shall have been paid in full.

Appears in 1 contract

Samples: Senior Secured Notes Indenture (Postmedia Network Canada Corp.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes the Beneficiaries against the Issuer and the other Note Parties in respect of any amounts paid or deliveries made by any such Guarantor pursuant to the provisions of Section 10.01 hereof; provided thatthis Guarantee, if an Event of Default has occurred and is continuingprovided, no Guarantor however, that the Guarantors shall not be entitled to enforce enforce, or to receive any payments arising out of, of or based upon, such right of subrogation until indefeasible and final payment in full of all amounts then due and payable by of the Issuer under this Indenture or the Notes shall have been paid in fullGuaranteed Obligations. 10.

Appears in 1 contract

Samples: Bird Global, Inc.

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof12.01; provided that, if an Event of Default with respect to a series of Notes has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture with respect to such series of Notes or the Notes of such series shall have been paid in full.

Appears in 1 contract

Samples: Supplemental Indenture (Wmih Corp.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 12.01 hereof; provided thatprovided, if an Event of Default has occurred and is continuing, that no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Intercreditor Agreement (CMP Susquehanna Radio Holdings Corp.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereofthis Indenture; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (GTT Communications, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.. 111

Appears in 1 contract

Samples: Security Agreement and Financing Statement (American Tire Distributors Holdings, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Senior Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Senior Notes shall have been paid in full.

Appears in 1 contract

Samples: Texas Competitive Electric Holdings CO LLC

Subrogation. Each The Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any the Guarantor pursuant to on account of the provisions of Section 10.01 hereof2025 Notes or the Fiscal Agency Agreement; provided provided, however, that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture the Fiscal Agency Agreement or the 2025 Notes shall have been paid in full.

Appears in 1 contract

Samples: Albemarle Corp

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof11.1; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or Indenture, the Notes and the other Note Documents shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Green Plains Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 11.01 hereof; provided that, that if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Senior Subordinated Notes Indenture (Claires Stores Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof9.1; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes Securities shall have been paid in full.

Appears in 1 contract

Samples: Centennial Communications Corp /De

Subrogation. Each The Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any the Guarantor pursuant to on account of the provisions of Section 10.01 hereofNotes or the Indenture; provided provided, however, that, if an Event of Default has occurred and is continuing, no the Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this the Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Second Supplemental Indenture (Coca-Cola European Partners Us, LLC)

Subrogation. Each Guarantor The Guarantors shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor the Guarantors pursuant to the provisions of Section 10.01 hereof12.1; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor the Guarantors shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Netia Holdings Sa)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.. Section 10.05

Appears in 1 contract

Samples: Intercontinental Exchange, Inc.

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any such Guarantor pursuant to the provisions of Section 3 hereof and Section 10.01 hereofof the Indenture; provided that, if an Event of Default has occurred and is continuing, no such Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this the Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Supplemental Indenture (Sra International Inc)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any the Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, that no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: First Preferred Mortgage (Pacific Drilling S.A.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any such Guarantor pursuant to on account of the provisions of Section 10.01 hereofNotes or the Fiscal Agency Agreement; provided provided, however, that, if an Event of Default has occurred and is continuing, no each Guarantor shall not be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture the Fiscal Agency Agreement or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Albemarle Corp

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof1201; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Supplemental Indenture (Garrett Motion Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof11.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in fullfull in cash.

Appears in 1 contract

Samples: Indenture (Radio One, Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.1; provided provided, however, that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes Securities shall have been paid in full.

Appears in 1 contract

Samples: Centennial Communications Corp /De

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 ‎‎Section 11.01 hereof; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by obligations of the Issuer Issuers under this Indenture or and the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Uniti Group Inc.)

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes against the Issuer Issuers in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof10.01; provided that, if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or 72 receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer Issuers under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: GoDaddy Inc.

Subrogation. Each Guarantor shall be subrogated to all rights of Holders of Notes holders against the Issuer in respect of any amounts paid by any Guarantor pursuant to the provisions of Section 10.01 hereof14.1; provided thatprovided, however, that if an Event of Default has occurred and is continuing, no Guarantor shall be entitled to enforce or receive any payments arising out of, or based upon, such right of subrogation until all amounts then due and payable by the Issuer under this Indenture or the Notes shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Luminent Mortgage Capital Inc)

Subrogation. Each The Guarantor shall be subrogated to all rights of the Holders of Notes against the Issuer in respect of any amounts paid to such Holder by any the Guarantor pursuant to the provisions of Section 10.01 hereof; provided thatthe Guarantee, if an Event of Default has occurred and is continuingprovided, no however, that the Guarantor shall not be entitled to enforce or to receive any payments arising out of, of or based upon, upon such right of subrogation until the principal of and interest on and all other amounts then due and payable by the Issuer under this Indenture or with respect to the Notes shall have been paid in fullfull or payment thereof shall have been provided for in accordance with this Indenture.

Appears in 1 contract

Samples: Cnooc LTD

Time is Money Join Law Insider Premium to draft better contracts faster.