Common use of Agreement To Pay; Subrogation Clause in Contracts

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent or any other Credit Party has at law or in equity against the Guarantor by virtue hereof, upon the failure of the Borrower to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Agent for distribution to the applicable Credit Parties in cash the amount of such unpaid Obligation. Upon payment by the Guarantor of any sums to the Paying Agent as provided above, all rights of the Guarantor against the Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.

Appears in 5 contracts

Samples: Credit Agreement (Federated Department Stores Inc /De/), Guarantee Agreement (Federated Department Stores Inc /De/), Guarantee Agreement (Federated Department Stores Inc /De/)

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Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower any Guaranty Party to pay any Guaranteed Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Guaranteed Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guaranty Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article IIIIII herein.

Appears in 4 contracts

Samples: And Restatement Agreement, Converting Term Lender (Sabre Corp), Converting Term Lender (Sabre Corp)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower any Guaranty Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guaranty Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III3 herein.

Appears in 3 contracts

Samples: Guaranty (Aptalis Holdings Inc.), Guaranty (Primedia Inc), Guaranty (Axcan Intermediate Holdings Inc.)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower or any other Loan Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment acceleration or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower or any other Guarantor arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article IIISection 3.

Appears in 2 contracts

Samples: Guarantee Agreement (T-Mobile US, Inc.), Guarantee Agreement (T-Mobile US, Inc.)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent Sellers’ Representative or any other Credit Secured Party has at law or in equity against the Guarantor by virtue hereof, upon the failure of the any Borrower to pay any Obligation the Note when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Agent Sellers’ Representative for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid ObligationObligations. Upon payment by the Guarantor of any sums to the Paying Agent Sellers’ Representative as provided above, all rights of the Guarantor against the Borrower any Loan Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article IIIV. SECTION 2.06.

Appears in 2 contracts

Samples: Execution Version Guarantee and Collateral Agreement (Knowles Corp), Purchase and Sale Agreement (Knowles Corp)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower any Loan Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Loan Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.

Appears in 1 contract

Samples: WP Prism Inc.

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Party Lender has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the either Borrower or any other Guarantee Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Parties Lenders in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guarantee Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.

Appears in 1 contract

Samples: Alltel Corp

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent or any other Credit Party Lender has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower or any other Loan Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Agent for distribution to the applicable Credit Parties Lender in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Agent Lender as provided above, all rights of the such Guarantor against the Borrower or any other Guarantor arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article IIIVI.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Ener1 Inc)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Party Lender has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the a Borrower or any other Loan Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Parties Person entitled thereto in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower Company or any other Loan Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.

Appears in 1 contract

Samples: Guarantee Agreement (Olin Corp)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent or any other Credit Party Beneficiary has at law or in equity against the Guarantor by virtue hereof, upon the failure of the Borrower to pay any Guaranteed Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Collateral Agent for distribution to the applicable Credit Parties Beneficiaries in cash the amount of such unpaid Guaranteed Obligation. Upon payment by the Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the Guarantor against the Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III7.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Summit Midstream Partners, LP)

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Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent or any other Credit Party Lender has at applicable law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower or any other Note Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Agent for distribution to the applicable Credit Parties Lender in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Agent Lender as provided above, all rights of the such Guarantor against the Borrower or any other Note Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.

Appears in 1 contract

Samples: Guarantee Agreement (Fathom Digital Manufacturing Corp)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Party Lender has at law or in equity against the Guarantor by virtue hereof, upon the failure of the Borrower to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Parties Lenders in cash the amount of such unpaid Obligation. Upon payment by the Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the Guarantor against the Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.

Appears in 1 contract

Samples: Kansas City Power & Light Co

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower or any Guaranty Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guaranty Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.

Appears in 1 contract

Samples: Alltel Corp

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the Guarantor by virtue hereof, upon the failure of the any Borrower to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the Guarantor against the any Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article IIIIII herein.

Appears in 1 contract

Samples: Biolectron, Inc.

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Administrative Agent or any other Credit Secured Party has at law or in equity against the any Guarantor by virtue hereof, upon the failure of the Borrower any Guaranty Party to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the each Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Administrative Agent for distribution to the applicable Credit Secured Parties in cash the amount of such unpaid Obligation. Upon payment by the any Guarantor of any sums to the Paying Administrative Agent as provided above, all rights of the such Guarantor against the Borrower any Guaranty Party arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.

Appears in 1 contract

Samples: Guaranty (Surgical Care Affiliates, Inc.)

Agreement To Pay; Subrogation. In furtherance of the foregoing and not in limitation of any other right that the Paying Agent or any other Credit Party Lender has at law or in equity against the Guarantor by virtue hereof, upon the failure of the Borrower to pay any Obligation when and as the same shall become due, whether at maturity, by acceleration, after notice of prepayment or otherwise, the Guarantor hereby promises to and will forthwith pay, or cause to be paid, to the Paying Agent for distribution to the applicable Credit Parties Lenders in cash the amount of such unpaid Obligation. Upon payment by the Guarantor of any sums to the Paying Agent as provided above, all rights of the Guarantor against the Borrower arising as a result thereof by way of right of subrogation, contribution, reimbursement, indemnity or otherwise shall in all respects be subject to Article III.

Appears in 1 contract

Samples: Financing Agreement (Kansas City Power & Light Co)

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