Subrogation Contract Clauses (4,233)

Subrogation. In the event of any payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who shall execute all papers required and shall do everything that may be take all action necessary to secure such rights, including the execution of such documents as are necessary to enable the Company effectively to bring suit to enforce such rights.

Subrogation. In the event of payment to Indemnitee under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who Indemnitee. Indemnitee shall execute all papers required and shall do everything that may be necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.

Subrogation. In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who who, at the request and expense of the Company, shall execute all papers required and shall do everything that may be reasonably necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights.

Subrogation. Notwithstanding Upon making any payment or payments made by Guarantor hereunder or any set-off or application of funds of Guarantor by Buyer, hereunder, Guarantor shall not be entitled to be subrogated to any of the rights of Buyer against Seller or any other guarantor or and Pledgor and in any collateral security for any Obligations with respect to such payment; provided, that Guarantor shall not seek to enforce any right or guarantee receive any payment by way of subrogation, or right of... offset held by Buyer for the payment of the Obligations, nor shall Guarantor seek or be entitled to seek any contribution or reimbursement from Seller, until all amounts then owing by Seller or Pledgor to Buyer or any other guarantor of its Affiliates under the Governing Agreements have been paid in respect of payments made by Guarantor hereunder, until full; provided, further, that such subrogation rights shall be subordinate in all respects to all amounts owing to Buyer by Seller on account of under the Obligations are paid in full and the Repurchase Agreement is terminated. Governing Agreements. If any amount shall be paid to Guarantor on account of such subrogation rights at any time when all of the Repurchase Obligations shall not have been paid in full, such amounts amount shall be held by Guarantor in trust for the benefit of Buyer, segregated from other funds of Guarantor, and shall, forthwith upon receipt by Guarantor, be turned over to Buyer in the exact form received by Guarantor (duly indorsed by Guarantor to Buyer, if required), to be applied against the Repurchase Obligations, whether matured or unmatured, in such order as Buyer may determine. 2 5. -5- 4. Amendments, etc. with Respect to the Obligations. Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against Guarantor, and without notice to or further assent by Guarantor, any demand for payment of any of the Obligations made by Buyer may be rescinded by Buyer, Buyer and any of the Obligations continued, and the Obligations, or the liability of any other party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Buyer, and the Repurchase Agreement, and the other Program Agreements any Governing Agreement and any other document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, pursuant to its terms and as Buyer may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by Buyer for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Buyer shall have no obligation to protect, secure, perfect or insure any Lien lien at any time held by it as security for the Obligations or for this Guaranty Guarantee or any property subject thereto. When making any demand hereunder against Guarantor, Buyer may, but shall be under no obligation to, make a similar demand on Seller Seller, Pledgor or any other Person, and any failure by Buyer to make any such demand or to collect any payments from Seller Seller, Pledgor or any such other Person or any release of Seller Seller, Pledgor or such other Person shall not relieve Guarantor of its obligations Obligations or liabilities hereunder, and shall not impair or affect the rights and remedies, express or implied, or as a matter of law, of Buyer against Guarantor. For the purposes hereof "demand" shall include the commencement and continuance of any legal proceedings. View More

Subrogation. Notwithstanding Upon making any payment or payments made by Guarantor hereunder or any set-off or application of funds of Guarantor by Buyer, hereunder, Guarantor shall not be entitled to be subrogated to any of the rights of Buyer against any Seller or and any other guarantor or Parent and in any collateral security for any Obligations with respect to such payment; provided, that Guarantor shall not seek to enforce any right or guarantee receive any payment by way of subrogation, or right of... offset held by Buyer for the payment of the Obligations, nor shall Guarantor seek or be entitled to seek any contribution or reimbursement from Seller any Seller, until all amounts then due and payable by Sellers or Parents to Buyer or any other guarantor of its Affiliates under the Governing Agreements have been paid in respect of payments made by Guarantor hereunder, until full; provided, further, that such subrogation rights shall be subordinate in all respects to all amounts owing to Buyer by Seller on account of under the Obligations are paid in full and the Repurchase Agreement is terminated. Governing Agreements. If any amount shall be paid to Guarantor on account of such subrogation rights at any time when all of the Repurchase Obligations shall not have been paid in full, such amounts amount shall be held by Guarantor in trust for the benefit of Buyer, segregated from other funds of Guarantor, and shall, forthwith upon receipt by Guarantor, be turned over to Buyer in the exact form received by Guarantor (duly indorsed by Guarantor to Buyer, if required), to be applied against the Repurchase Obligations, whether matured or unmatured, in such order as Buyer may determine. 2 5. Amendments, etc. with Respect to the Obligations. Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against Guarantor, and without notice to or further assent by Guarantor, any demand for payment of any of the Obligations made by Buyer may be rescinded by Buyer, and any of the Obligations continued, and the Obligations, or the liability of any other party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Buyer, and the Repurchase Agreement, and the other Program Agreements and any other document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, pursuant to its terms and as Buyer may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by Buyer for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Buyer shall have no obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. When making any demand hereunder against Guarantor, Buyer may, but shall be under no obligation to, make a similar demand on Seller and any failure by Buyer to make any such demand or to collect any payments from Seller or any release of Seller shall not relieve Guarantor of its obligations or liabilities hereunder, and shall not impair or affect the rights and remedies, express or implied, or as a matter of law, of Buyer against Guarantor. For the purposes hereof "demand" shall include the commencement and continuance of any legal proceedings. View More

Subrogation. Notwithstanding any payment or payments made by Guarantor hereunder or any set-off or application of funds of Guarantor by Buyer, Guarantor shall not be entitled to be subrogated to any of the rights of Buyer against Seller or any other guarantor or any collateral security or guarantee or right of offset held by Buyer for the payment of the Obligations, nor shall Guarantor seek or be entitled to seek any contribution or reimbursement from Seller or any other guarantor in respect of payments... made by Guarantor hereunder, until all amounts owing to Buyer by Seller on account of the Obligations are paid in full and both the MSRVF1 Repurchase Agreement is and the SPIADVF1 Repurchase Agreement are terminated. If any amount shall be paid to Guarantor on account of such subrogation rights at any time when all of the Obligations shall not have been paid in full, such amounts shall be held by Guarantor for the benefit of Buyer, segregated from other funds of Guarantor, and shall, forthwith upon receipt by Guarantor, be turned over to Buyer in the exact form received by Guarantor (duly indorsed by Guarantor to Buyer, if required), to be applied against the Obligations, whether matured or unmatured, in such order as Buyer may determine. 2 5. Amendments, etc. with Respect to the Obligations. Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against Guarantor, and without notice to or further assent by Guarantor, any demand for payment of any of the Obligations made by Buyer may be rescinded by Buyer, and any of the Obligations continued, and the Obligations, or the liability of any other party upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by Buyer, and the Repurchase Agreement, and the other Program Agreements and any other document in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, pursuant to its terms and as Buyer may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by Buyer for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. Buyer shall have no obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Obligations or for this Guaranty or any property subject thereto. When making any demand hereunder against Guarantor, Buyer may, but shall be under no obligation to, make a similar demand on Seller and any failure by Buyer to make any such demand or to collect any payments from Seller or any release of Seller shall not relieve Guarantor of its obligations or liabilities hereunder, and shall not impair or affect the rights and remedies, express or implied, or as a matter of law, of Buyer against Guarantor. For the purposes hereof "demand" shall include the commencement and continuance of any legal proceedings. View More

Subrogation. [Except as provided in Section 11(b),] In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the related rights of recovery of the Indemnitee against other persons or entities (other than Indemnitee's successors), including any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f). 1(g). The Indemnitee shall execute all papers reasonably required to evidence such rights (all of... Indemnitee's reasonable Expenses, including attorneys' fees and charges, related thereto to be reimbursed by or, at the option of Indemnitee, advanced by the Company). View More

Subrogation. In the event of payment under this Agreement, the Company shall will be subrogated to the extent of such payment to all of the related rights of recovery of Indemnitee against other persons or entities (other than Indemnitee's successors), including any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f). successors). The Indemnitee shall will execute all papers reasonably required to evidence such rights of recovery (all of Indemnitee's... reasonable Expenses, including attorneys' fees and charges, related thereto to be reimbursed by or, at the option of Indemnitee, advanced by the Company). View More

Subrogation. In the event of payment under this Agreement, the Company shall will be subrogated to the extent of such payment to all of the related rights of recovery of Indemnitee against other persons or entities (other than Indemnitee's successors), including any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(f). 1(g). Indemnitee shall will execute all papers reasonably required to evidence such rights (all of Indemnitee's reasonable Expenses,... including attorneys' fees and charges, related thereto to be reimbursed by or, at the option of Indemnitee, advanced by the Company). 9 14. No Duplication of Payments. The Company will not be liable under this Agreement to make any payment to Indemnitee in respect of any Indemnifiable Losses to the extent Indemnitee has otherwise actually received and is entitled to retain payment (net of any Expenses incurred in connection therewith and any repayment by Indemnitee made with respect thereto) under any insurance policy, the Constituent Documents and Other Indemnity Provisions or otherwise (including from any entity or enterprise referred to in clause (i) of the definition of "Indemnifiable Claim" in Section 1(g)) in respect of such Indemnifiable Losses otherwise indemnifiable hereunder. View More

Subrogation. The No Guarantor shall not exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Guaranty until all of the Guaranteed Obligations and any amounts payable under this Guaranty have been indefeasibly paid in cash and performed in full and any commitments of the Lender Creditors or facilities provided by the Lender Creditors with respect to the Guaranteed Obligations are terminated. If any amounts are paid to the... any Guarantor in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Secured Parties Creditors and shall forthwith be paid to the Administrative Agent, for the benefit of the Secured Parties Agent to reduce the amount of the Guaranteed Obligations, whether matured or unmatured. View More

Subrogation. The Each Guarantor hereby agrees that it shall not exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Guaranty until all amounts owing to the Lender and the Secured Parties on account of the Guaranteed Obligations (other than (a) contingent indemnification obligations and any amounts payable (b) obligations and liabilities under this Guaranty Secured Cash Management Agreements or Secured Hedge Agreements... as to which arrangements satisfactory to the Lender shall have been made) are indefeasibly paid in full in cash and performed in full and any commitments of the Lender or facilities provided by the Lender with respect to the Guaranteed Obligations Commitments are terminated. If any amounts are paid to the Guarantor Guarantors in violation of the foregoing limitation, then such amounts shall be held in trust by the Guarantors for the benefit of the Secured Parties and shall forthwith be paid to the Administrative Agent, Lender for the benefit of the Secured Parties to reduce the amount of the Guaranteed Obligations, whether matured or unmatured. View More

Subrogation. The No Guarantor shall not exercise any right of subrogation, contribution, indemnity, reimbursement or similar rights with respect to any payments it makes under this Guaranty until all of the Guaranteed Secured Obligations and any amounts payable under this Guaranty (excluding contingent obligations (other than any such obligations in respect of a Letter of Credit) as to which no claim has been made) have been indefeasibly paid in cash and performed in full and any commitments of the Lender Secured Parties or facilities provided by the Lender Secured Parties with respect to the Guaranteed Secured Obligations are terminated. If any amounts are paid to the Guarantor Guarantors in violation of the foregoing limitation, then such amounts shall be held in trust for the benefit of the Secured Parties and shall forthwith be paid to the Administrative Agent, for the benefit of the Secured Parties to reduce the amount of the Guaranteed Secured Obligations, whether matured or unmatured. 2 7. Termination; Reinstatement. This Guaranty is a continuing and irrevocable guaranty of all Secured Obligations now or hereafter existing and shall remain in full force and effect until all Secured Obligations and any other amounts payable under this Guaranty (excluding contingent obligations (other than any such obligations in respect of a Letter of Credit) as to which no claim has been made) are indefeasibly paid in full in cash and any commitments of the Secured Parties or facilities provided by the Secured Parties with respect to the Secured Obligations are terminated. Notwithstanding the foregoing, this Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of the Borrower or the Guarantors is made, or the Secured Parties exercise their right of setoff, in respect of the Secured Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by the Secured Parties in their discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not the Secured Parties are in possession of or have released this Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of the Guarantors under this paragraph shall survive termination of this Guaranty. View More

Subrogation. In the event the Company is obligated to make a payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery under any an insurance policy or any other indemnity agreement covering the Indemnitee, who shall execute all documents reasonably required and take all action that may be necessary to secure such rights and to enable the Company effectively to bring suit to enforce such rights (provided that the Company pays the... Indemnitee's costs and expenses of doing so), including without limitation by assigning all such rights to the Company or its designee to the extent of such indemnification or advancement of Expenses. With regard to Fund Indemnitors, however, Section 13 shall control over this section. View More

Subrogation. In Except as provided in Section 13, in the event the Company is obligated to make a payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery under any an insurance policy or any other indemnity agreement covering Indemnitee, the Indemnitees, who shall execute all documents reasonably required and take all action that may be necessary to secure such rights and to enable the Company effectively to bring suit to enforce such... rights (provided that the Company pays Indemnitee's the Indemnitees' costs and expenses of doing so), including without limitation by assigning all such rights to the Company or its designee to the extent of such indemnification or advancement of Expenses. With regard to Fund Indemnitors, however, Section 13 shall control over this section. View More

Subrogation. In Subject to the limitations of Section 13, in the event the Company is obligated to make a payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery under any insurance policy or any other indemnity agreement covering of Indemnitee, who shall execute all documents reasonably required and take all action that may be necessary to secure such rights and to enable the Company effectively to bring suit to enforce such rights... (provided that the Company pays Indemnitee's costs and expenses of doing so), including without limitation by assigning all such rights to the Company or its designee to the extent of such indemnification or advancement of Expenses. With regard Subject to Fund Indemnitors, however, the limitations of Section 13 13, the Company's obligation to indemnify or advance expenses under this Agreement shall control over this section. be reduced by any amount Indemnitee has collected from such other source, and in the event that Company has fully paid such indemnity or expenses, Indemnitee shall return to the Company any amounts subsequently received from such other source of indemnification. View More

Subrogation. In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who shall execute all documents required and shall do all acts that may be necessary to secure such rights and to enable the Company to effectively bring suit to enforce such rights. The parties have executed this Agreement as of the date first set forth above. Asta Funding, Inc. By: /s/ Gary Stern Name: Gary Stern Title: Chairman and Chief... Executive Officer Address: 210 Sylvan Ave. Englewood Cliffs, New Jersey 07632 Fax: (201) 683-5612 /s/ Seth Berman Seth Berman Chief Compliance Officer, General Counsel and Secretary Steven Leidenfrost Name: Steven Leidenfrost Address: c/o Asta Funding, Inc. 210 Sylvan Ave. Englewood Cliffs, New Jersey 07632 EX-10.25 3 ex_125270.htm Fax: (201) 683-5612 EX-10.1 2 ex_157869.htm EXHIBIT 10.25 ex_125270.htm 10.1 ex_157869.htm Exhibit 10.25 10.1 ASTA FUNDING, INC. Indemnification Agreement This Indemnification Agreement (this "Agreement") is made as of entered into September 11, 2017, 13, 2019 and effective September 23, 2019, by and between Asta Funding, Inc., a Delaware corporation (the "Company"), and Seth Berman Steven Leidenfrost ("Indemnitee"). RECITALS WHEREAS, the Company and Indemnitee recognize the increasing difficulty in obtaining liability insurance for directors, officers and key employees, the significant increases in the cost of such insurance and the general reductions in the coverage of such insurance; WHEREAS, the Company desires to attract and retain the services of highly qualified individuals, such as Indemnitee, and to indemnify its directors, officers and key employees so as to provide them with the maximum protection permitted by law; WHEREAS, pursuant to the Certificate of Incorporation and Bylaws of the Company, it is obligated to indemnify the Indemnitee to the fullest extent permitted by Delaware law; WHEREAS, this Agreement is a supplement to and in furtherance of the Certificate of Incorporation and the Bylaws of the Company, and shall not be deemed a substitute therefor, nor to diminish or abrogate any rights of Indemnitee thereunder; WHEREAS, each of the Company and the Indemnitee desire to set forth certain indemnification rights and obligations in more details as is set forth herein in order to induce the Indemnity to continue his service to the Company free from undue concern that Indemnitee will not be so indemnified. AGREEMENT In consideration of the mutual promises made in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Company and Indemnitee hereby agree as follows: 1. Indemnification. View More

Subrogation. Subject No payment or distribution to the indefeasible payment Administrative Agent pursuant to the provisions of this Subordination Agreement shall entitle the Subordinated Creditor to exercise any rights of subrogation in full in cash of respect thereof until all Senior Debt shall have been Paid in Full. After all Senior Debt is Paid in Full and the termination provided no payments of all lending commitments under the Senior Loan Documents, Debt are subject to a Senior Avoidance, the... Subordinated Creditor shall be subrogated to the rights of the Administrative Agent and Senior Lenders to receive Distributions with respect payments or distributions applicable to the Senior Debt until to the extent the distributions otherwise payable to the Subordinated Debt is paid in full. Subordinated Creditor agrees that in the event that all or any part of a payment made with respect have been applied to the Senior Debt is recovered from the holders of the Senior Debt in a Proceeding or otherwise, any Distribution (other than Permitted Payments) received by Subordinated Creditor with respect to the Subordinated Debt at any time after the date of the payment that is so recovered, whether pursuant to the right of subrogation provided for in this Agreement or otherwise, shall be deemed to have been received by Subordinated Creditor in trust as property of the holders of the Senior Debt and Subordinated Creditor shall forthwith deliver the same to the Agent for the benefit of the Senior Lenders for application to the Senior Debt until the Senior Debt is paid in full. A Distribution made pursuant to this Agreement to Agent or Senior Lenders which otherwise would have been made to Subordinated Creditor is not, as between the Company and Subordinated Creditor, a payment by the Company to or on account of the Senior Debt. View More

Subrogation. Subject to Upon the indefeasible payment Payment in full in cash Full of all Senior Debt and the termination of all lending commitments under the Senior Loan Documents, Debt, each Subordinated Creditor Lender shall be subrogated to the rights of Agent and Senior Lenders Secured Parties to receive Distributions with respect to from the Senior Debt Parent's Equity Interests in the Company, the Company or any other Loan Party until the Subordinated Debt is paid in full. Without limiting the other... provisions of this Agreement (including, without limitation, Section 2.9), each Subordinated Creditor Lender agrees that in the event that all or any part of a payment made with respect to the Senior Debt is recovered from the holders of the Senior Debt in a Proceeding or otherwise, any Distribution (other than Permitted Payments) from the Parent's Equity Interests in the Company, the Company or any other Loan Party received by such Subordinated Creditor Lender with respect to the Subordinated Senior Debt at any time after the date of the payment that is so recovered, whether pursuant to the right of subrogation provided for in this Agreement or otherwise, shall be deemed to have been received by such Subordinated Creditor Lender in trust as property of the holders of the Senior Debt and such Subordinated Creditor Lender shall forthwith deliver the same to the Agent for the benefit of the Senior Lenders Secured Parties for application to the Senior Debt until all of the Senior Debt is paid Paid in full. Full. A Distribution from the Parent's Equity Interests in the Company, the Company or any other Loan Party made pursuant to this Agreement to Agent or Senior Lenders Secured Parties which otherwise would have been made to a Subordinated Creditor Lender is not, as between the Company and such Subordinated Creditor, Lender, a payment by the Company to or on account of the Senior Debt. View More

Subrogation. Subject to Until the indefeasible payment in full in cash Discharge of all Senior Debt and the termination of all lending commitments under the Senior Loan Documents, Debt, the Subordinated Creditor shall be subrogated waives all rights of subrogation with respect to the rights of Agent and Senior Lenders to receive Distributions with respect to the Senior Debt and agrees that it shall not exercise any such right of subrogation until the Subordinated Debt is paid in full. Discharge of the... Senior Debt. The Subordinated Creditor agrees that in the event that all or any part of a payment made with respect to the Senior Debt is recovered from the holders of the Senior Debt Lenders in a Proceeding or otherwise, any Distribution (other than Permitted Payments) received by the Subordinated Creditor with respect to the Subordinated Debt (other than (i) a Distribution in the form of Subordinated PIK Payments, (ii) a Distribution in the form of of Reorganization Subordinated Securities if, in the case of Reorganization Subordinated Securities, Subordinated Creditors and Agent shall have entered into such supplements to, or modifications of, this Agreement as Agent may reasonably request to reflect the continued subordination of the Reorganization Subordinated Securities to the Senior Debt (or notes or other securities issued in substitution of all or a portion thereof) to the same extent as provided herein, (iii) the Offset Repayment, and (iv) any Permitted Third Party Payment) at any time after the date of the payment that is so recovered, whether pursuant to the right of subrogation provided for in this Agreement or otherwise, shall be deemed to have been received by the Subordinated Creditor in trust as property of the holders of Senior Lenders and the Senior Debt and Subordinated Creditor shall forthwith deliver the same to the Agent for the benefit of the Senior Lenders for application to the Senior Debt until the Discharge of the Senior Debt is paid in full. Debt. A Distribution made pursuant to this Agreement to Agent or Senior Lenders which otherwise would have been made to the Subordinated Creditor is not, as between the Company Loan Parties and the Subordinated Creditor, a payment by the Company any Loan Party to or on account of the Senior Debt. View More

Subrogation. In the event of any payment of Indemnifiable Amounts under this Agreement, Agreement or the D&O Insurance, the Company or its Insurance Carrier, as the case may be, shall be subrogated to the extent of such payment to all of the rights of contribution or recovery of the Independent Director against other persons, and the Independent Director shall take, at the request of the Company, all reasonable action necessary to secure such rights, including the execution of such documents as are... necessary to enable the Company to bring suit to enforce such rights. View More

Subrogation. In the event of any payment of Indemnifiable Amounts under this Agreement, Agreement or the D&O Insurance, the Company or its Insurance Carrier, as the case may be, shall be subrogated to the extent of such payment to all of the rights of contribution or recovery of the Independent Director against other persons, and the Independent Director shall take, at the request of the Company, all reasonable action necessary to secure such rights, including the execution of such documents as are... necessary to enable the Company to bring suit to enforce such rights. View More

Subrogation. In the event of any payment of Indemnifiable Amounts under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of contribution or recovery of the Independent Director Indemnitee against other persons, and the Independent Director Indemnitee shall take, at the request of the Company, all reasonable action necessary to secure such rights, including the execution of such documents as are necessary to enable the Company to bring suit to enforce such... rights. View More

Subrogation. Landlord and Tenant hereby waive and shall cause their respective property insurance carriers to waive any and all rights of recovery, claims, actions or causes of action against the other for any loss or damage with respect to Tenant's Property, Leasehold Improvements, the Building, the Premises, or any contents thereof, including rights, claims, actions and causes of action based on negligence, which loss or damage is (or would have been, had the insurance required by this Lease been carried)... covered by insurance. For the purposes of this waiver, any deductible with respect to a party's insurance shall be deemed covered by and recoverable by such party under valid and collectable policies of insurance. View More

Subrogation. Landlord and Tenant hereby waive and release, and shall cause their respective insurance carriers to waive and release, any and all rights of recovery, claims, actions or causes of action against the other for any loss or damage with respect to Tenant's Property, Leasehold Improvements, the Building, the Premises, or any contents thereof, including rights, claims, actions and causes of action based on negligence, which loss or damage is (or would have been, had the insurance required by this... Lease been carried) covered by insurance. The parties agree that the foregoing waiver shall be binding upon their respective property and business income insurance carriers, and (except for any insurance policy that provides that the insured thereunder may effectively waive subrogation without further action on the part of the insured) each party shall obtain endorsements or take such other action as may be required to effect such insurer's waiver of subrogation under each such policy. View More

Subrogation. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant hereby waive and shall cause their respective insurance carriers to waive any and all rights of recovery, claims, actions or causes of action against the other for any loss or damage to person with respect to Tenant's Property, Leasehold Improvements, the Building, the Premises, or any contents thereof, including rights, claims, actions and causes of action based on negligence, which loss loss, damage or damage injury... is (or would have been, had the insurance required by this Lease been carried) covered by insurance. As noted above, Tenant also waives subrogation with respect to losses or claims covered by any liability and worker's compensation insurance. View More

Subrogation. In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who, at the request and expense of the Company, shall execute all papers required and shall do everything that may be reasonably necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights. 8 10 14. Interpretation of Agreement. It is understood... that the parties hereto intend this Agreement to be interpreted and enforced so as to provide indemnification and advancement of Expenses to Indemnitee to the fullest extent now or hereafter permitted by law. View More

Subrogation. In the event of payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who, at the request and expense of the Company, shall execute all papers required and shall do everything that may be reasonably necessary to secure such rights, including the execution of such documents necessary to enable the Company effectively to bring suit to enforce such rights. 8 9 14. Interpretation of Agreement. It is understood... that the parties hereto intend this Agreement to be interpreted and enforced so as to provide indemnification and advancement of Expenses to Indemnitee to the fullest extent now or hereafter permitted by law. View More

Subrogation. In Except as provided in Section 11(b) above, in the event of any payment under this Agreement, the Company shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, Indemnitee (other than against the Fund Indemnitor), who, at the request and expense of the Company, shall execute all papers required and shall do everything that may be reasonably necessary to secure such rights, including the execution of such documents necessary to enable the Company... effectively to bring suit to enforce such rights. 8 14. Interpretation of Agreement. It is understood that the parties hereto intend this Agreement to be interpreted and enforced so as to provide indemnification to Indemnitee to the fullest extent now or hereafter permitted by law. View More