Common use of Allocable Amount Clause in Contracts

Allocable Amount. If any U.S. Credit Party makes a payment of any Obligations (other than amounts for which such U.S. Credit Party is primarily liable) (a “Guarantor Payment”) that, taking into account all other Guarantor Payments previously or concurrently made by any other U.S. Credit Parties, exceeds the amount that such U.S. Credit Party would otherwise have paid if each Credit Party had paid the aggregate Obligations satisfied by such Guarantor Payments in the same proportion that such U.S. Credit Party’s Allocable Amount bore to the total Allocable Amounts of all Credit Parties, then such U.S. Credit Party shall be entitled to receive contribution and indemnification payments from, and to be reimbursed by, each other Credit Party for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment. The “Allocable Amount” for any Credit Party shall be the maximum amount that could then be recovered from such Credit Party without rendering such payment voidable under Section 548 of the Bankruptcy Code or under any applicable state fraudulent transfer or conveyance act, or similar statute or common law.