Common use of Waiver of Rights of Subrogation Clause in Contracts

Waiver of Rights of Subrogation. Until the Security Discharge Date, (a) the Pledgor shall not exercise any right of subrogation and shall not enforce any remedy that the Senior Secured Parties now have or may hereafter have against the Company, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Agent or any other Senior Secured Party from the Company and (b) the Pledgor agrees not to exercise any claim, right or remedy that the Pledgor may now have or hereafter acquire against the Company that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior Secured Parties against the Company, or any security that the Senior Secured Parties now have or hereafter acquire, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to the Security Discharge Date shall be held in trust for the benefit of the Collateral Agent and shall immediately thereafter be paid to the Collateral Agent, for the benefit of the Senior Secured Parties.

Appears in 2 contracts

Samples: Pledge and Security Agreement (First United Ethanol LLC), Pledge and Security Agreement (First United Ethanol LLC)

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Waiver of Rights of Subrogation. Until the Security Discharge Date, (a) the Pledgor shall not exercise any right of subrogation and shall not enforce any remedy that the Senior Secured Parties now have or may hereafter have against the Company, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Agent or any other Senior Secured Party from the Company and (b) the Pledgor agrees not to exercise any claim, right or remedy that the Pledgor may now have or hereafter acquire against the Company that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior Secured Parties against the Company, or any security that the Senior Secured Parties now have or hereafter acquire, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law Law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to the Security Discharge Date shall be held in trust for the benefit of the Collateral Agent and shall immediately thereafter be paid to the Collateral Agent, for the benefit of the Senior Secured Parties.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Pacific Ethanol, Inc.), Credit Agreement (Pacific Ethanol, Inc.)

Waiver of Rights of Subrogation. Until the Security Discharge Dateindefeasible payment in full in cash of the Obligations and the termination of the Loan Commitment and all other obligations of Lender under the Financing Documents, (a) the Pledgor shall not exercise have any right of subrogation and shall not waives all rights to enforce any remedy that which the Senior Secured Parties Lender now have has or may hereafter have against the Pledged Company, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Agent or any other Senior Secured Party Lender from the Company Pledged Company, and (b) the Pledgor agrees not to exercise waives any claim, right or remedy that the Pledgor which it may now have or hereafter acquire against the Pledged Company that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior Secured Parties Lender against the Pledged Company, or any security that the Senior Secured Parties which Lender now have or hereafter acquire, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to the Security Discharge Date payment in full in cash of the Obligations and the termination of the Loan Commitment and all other obligations of the Lender under the Financing Documents, shall be held in trust for the benefit of the Collateral Agent Lender and shall immediately thereafter be paid to the Collateral Agent, for the benefit of the Senior Secured PartiesLender.

Appears in 1 contract

Samples: Financing Agreement (Us Geothermal Inc)

Waiver of Rights of Subrogation. Until the Security Discharge Date, (a) the Pledgor shall not exercise any right of subrogation and shall not enforce any remedy that the Senior Secured Parties now have or may hereafter have against the Company, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the P1 Collateral Agent or any other Senior Secured Party from the Company and (b) the Pledgor agrees not to exercise any claim, right right, or remedy that the Pledgor may now have or hereafter acquire against the Company that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy remedy, or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right right, or remedy of the Senior Secured Parties against the Company, or any security that the Senior Secured Parties now have or hereafter acquire, whether or not such claim, right right, or remedy arises in equity, under contract, by statute, under common law law, or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to the Security Discharge Date shall be held in trust for the benefit of the P1 Collateral Agent and shall immediately thereafter be paid to the P1 Collateral Agent, for the benefit of the Senior Secured Parties.

Appears in 1 contract

Samples: Pledge Agreement (NextDecade Corp.)

Waiver of Rights of Subrogation. Until the Security Discharge Date, (a) the Pledgor shall not exercise any right of subrogation and shall not enforce (or attempt to enforce) any remedy that the Senior Secured Parties now have or may hereafter have against the Company, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Agent or any other Senior Secured Party from the Company and (b) the Pledgor agrees not to exercise any claim, right or remedy that the Pledgor may now have or hereafter acquire against the Company that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior Secured Parties against the Company, or any security that the Senior Secured Parties now have or hereafter acquire, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to the Security Discharge Date shall be held in trust for the benefit of the Collateral Agent and shall immediately thereafter be paid to the Collateral Agent, for the benefit of the Senior Secured Parties.

Appears in 1 contract

Samples: Equity Pledge Agreement (Us Geothermal Inc)

Waiver of Rights of Subrogation. Until the Security Discharge Datetermination or release of the Secured Obligations, (a) the Pledgor shall not exercise have any right of subrogation and shall not waives all rights to enforce any remedy that which the Senior Secured Parties now have or may hereafter have against the Companyany Loan Party, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Agent or any other Senior Secured Party from the Company any Loan Party, and (b) the Pledgor agrees not to exercise waives any claim, right or remedy that which the Pledgor may now have or hereafter acquire against the Company any Loan Party that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior Secured Parties against the Companyany Loan Party, or any security that which the Senior Secured Parties now have or hereafter acquire, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to the Security Discharge Date termination or release of the Secured Obligations shall be held in trust for the benefit of the Collateral Agent and shall immediately thereafter be paid to the Collateral Agent, for the benefit of the Senior Secured Parties.

Appears in 1 contract

Samples: Credit Agreement (SemGroup Corp)

Waiver of Rights of Subrogation. Until the Security Discharge Dateindefeasible payment in full in cash of the Obligations, (a) the Pledgor shall not exercise any right of subrogation and shall not enforce any remedy that which the Senior Secured Parties now have or may hereafter have against the Company, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Administrative Agent or any other Senior Secured Party from the Company and (b) the Pledgor agrees not to exercise any claim, right or remedy that the which Pledgor may now have or hereafter acquire against the Company that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior Secured Parties against the Company, or any security that which the Senior Secured Parties now have or hereafter acquire, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to the Security Discharge Date indefeasible payment in full in cash of the Obligation shall be held in trust for the benefit of the Collateral Administrative Agent and shall immediately thereafter be paid to the Collateral Administrative Agent, for the benefit of the Senior Secured Parties.

Appears in 1 contract

Samples: Escrow Agreement (Ormat Technologies, Inc.)

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Waiver of Rights of Subrogation. Until the Security Discharge Release Date, (a) the Pledgor shall not exercise have any right of subrogation and shall not waives all rights to enforce any remedy that the Senior which any Secured Parties Party now have has or may hereafter have against the CompanyCCH Direct Parent, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Agent or any other Senior Secured Party from the Company CCH Direct Parent and (b) the Pledgor agrees not to exercise hereby waives any claim, right or remedy that the which Pledgor may now have or hereafter acquire against the Company CCH Direct Parent that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior any Secured Parties Party against the CompanyCCH Direct Parent, or any security that the Senior which any Secured Parties Party now have has or hereafter acquireacquires, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to before the Security Discharge Release Date shall be held in trust for the benefit of the Collateral Agent and shall immediately thereafter be paid to the Collateral Agent, for the benefit of the Senior Secured Parties.

Appears in 1 contract

Samples: Pledge Agreement (Cheniere Energy Inc)

Waiver of Rights of Subrogation. Until the Security Discharge Dateindefeasible payment in full in cash of the Obligations and the termination of all the Lender's Commitments and all other obligations to the Secured Parties under the Credit Documents (other than the Obligations that are intended to survive the termination of the Credit Documents), (a) the Pledgor shall not exercise have any right of subrogation and shall not waives all rights to enforce any remedy that the Senior Secured Parties which Collateral Agent now have or may hereafter have against the Companyany Borrower or any of their Affiliates, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Agent from any Borrower or any other Senior Secured Party from the Company of their Affiliates and (b) the Pledgor agrees not to exercise waives any claim, right or remedy that the which Pledgor may now have or hereafter acquire against the Company any Borrower or any of their Affiliates that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior Secured Parties Collateral Agent against the Companyany Borrower or any of their Affiliates, or any security that the Senior Secured Parties which Collateral Agent now have or hereafter acquire, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to the Security Discharge Date shall be held in trust for the benefit of the Collateral Agent and shall immediately thereafter be paid to the Collateral Agent, for the benefit of the Senior Secured Parties.or

Appears in 1 contract

Samples: Pledge Agreement (Renegy Holdings, Inc.)

Waiver of Rights of Subrogation. Until the Security Discharge Dateindefeasible payment in full in cash of the Obligations and the termination of all the Lender’s Commitments and all other obligations to the Secured Parties under the Credit Documents (other than the Obligations that are intended to survive the termination of the Credit Documents), (a) the Pledgor shall not exercise have any right of subrogation and shall not waives all rights to enforce any remedy that the Senior Secured Parties which Collateral Agent now have or may hereafter have against the CompanySWMP or any of their Affiliates, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Agent from any Borrower or any other Senior Secured Party from the Company of their Affiliates and (b) the Pledgor agrees not to exercise waives any claim, right or remedy that the which Pledgor may now have or hereafter acquire against the Company any Borrower or any of their Affiliates that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior Secured Parties Collateral Agent against the Companyany Borrower or any of their Affiliates, or any security that the Senior Secured Parties which Collateral Agent now have or hereafter acquire, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to the Security Discharge Date payment in full in cash of the Obligations and the termination of the Lender’s Commitments and all other obligations to the Secured Parties under the Credit Documents (other than the Obligations that are intended to survive the termination of the Credit Documents) shall be held in trust for the benefit of the Collateral Agent Secured Parties and shall immediately thereafter be paid to the Collateral Agent, for the benefit of the Senior Secured Parties.

Appears in 1 contract

Samples: Pledge Agreement (Renegy Holdings, Inc.)

Waiver of Rights of Subrogation. Until the Security Discharge Release Date, (a) the Pledgor shall not exercise have any right of subrogation and shall not waives all rights to enforce any remedy that the Senior which any Secured Parties Party now have has or may hereafter have against the CompanyIssuer, and waives the benefit of, and all rights to participate in, any security now or hereafter held by the Collateral Agent or any other Senior Secured Party from the Company Issuer and (b) the Pledgor agrees not to exercise hereby waives any claim, right or remedy that the which Pledgor may now have or hereafter acquire against the Company Issuer that arises hereunder and/or from the performance by the Pledgor hereunder, including any claim, remedy or right of subrogation, reimbursement, exoneration, contribution, indemnification, or participation in any claim, right or remedy of the Senior any Secured Parties Party against the CompanyIssuer, or any security that the Senior which any Secured Parties Party now have has or hereafter acquireacquires, whether or not such claim, right or remedy arises in equity, under contract, by statute, under common law or otherwise. Any amount paid to the Pledgor on account of any such subrogation rights prior to before the Security Discharge Release Date shall be held in trust for the benefit of the Collateral Agent and shall immediately thereafter be paid to the Collateral Agent, for the benefit of the Senior Secured Parties.

Appears in 1 contract

Samples: Pledge Agreement (Cheniere Energy Inc)

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