Common use of Contribution and Subrogation Clause in Contracts

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.3) that, in the event a payment shall be made by any other Guarantor under this Agreement and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the Borrowers, as provided in Section 4.1, such Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such Contributing Guarantor on the date it became a party hereto and the denominator shall be the aggregate net worth of all Guarantors on such date. Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.36.03) that, in the event a payment shall be made by any other Guarantor under this Agreement and such other Guarantor hereunder in respect of any Obligation (the “Claiming Guarantor”) shall not have been fully indemnified by the Borrowers, Indemnifying Loan Party as provided in Section 4.16.01, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantorpayment, in each case multiplied by a fraction of which the numerator shall be the net worth of such Contributing Guarantor on the date it became a party hereto of such payment and the denominator shall be the aggregate net worth of all the Guarantors on the date of such datepayment. Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 6.02 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 6.01 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to the Section 4.3) that, in the event a payment shall be made by any other Guarantor under this hereunder in respect of any Guaranteed Obligation, or assets of any other Guarantor shall be sold pursuant to the Security Agreement or any other security document to satisfy any Guaranteed Obligation owed to any Secured Party, and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the BorrowersBorrower, as provided in Section 4.1, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to (i) the amount of such payment by or (ii) the Claiming Guarantorgreater of the book value or the fair market value of such assets, as the case may be, in each case multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on such date. Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 to the extent of such paymentnow or hereafter existing.

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.33.03) that, in the event a payment shall be made by any other Guarantor under this Agreement hereunder in respect of any Obligation, and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the BorrowersBorrower, as provided in Section 4.1, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 7.16, the date of the supplement hereto executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 3.02 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 3.01 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “"Contributing Guarantor”") agrees (subject to Section 4.33) that, in the event a payment shall be made by any other Guarantor under this Agreement the Guarantee Agreement, and such other Guarantor (the “"Claiming Guarantor”") shall not have been fully indemnified by the Borrowers, Borrower as provided in Section 4.11, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by payment, as the Claiming Guarantorcase may be, in each case multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 12, the date of the Supplement hereto executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 2 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 1 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.318.8) that, in the event a payment shall be made by any other Guarantor under this Agreement any Note Guarantee and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the Borrowers, Company as provided in Section 4.118.6, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction fraction, the numerator of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator of which shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 5.19, the date of execution and delivery by such dateGuarantor of a supplemental indenture). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 18.7 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 18.6 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.34.2) that, in the event a payment shall be made by any other Guarantor under Section 4 of this Loan Agreement and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the Borrowers, Borrower as provided in Section 4.14.6, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 7.10, the date of the Joinder Agreement executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 4.7 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 4.6 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “"Contributing Guarantor”") agrees (subject to Section 4.34.2) that, in the event a payment shall be made by any other Guarantor under Section 4 of this Loan Agreement and such other Guarantor (the “"Claiming Guarantor”") shall not have been fully indemnified by the Borrowers, Borrower as provided in Section 4.14.6, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 7.10, the date of the Joinder Agreement executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 4.7 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 4.6 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “"Contributing Guarantor”") agrees (subject to Section 4.36.03) that, in the event a payment shall be made by any other Guarantor under this Agreement hereunder in respect of any Obligation and such other Guarantor (the “"Claiming Guarantor”") shall not have been fully indemnified by the Borrowers, Borrower as provided in Section 4.16.01, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all both Guarantors on such datethe date hereof. Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 6.02 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 6.01 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.36.03) that, in the event a payment shall be made by any other Guarantor on account of its guarantee under this Agreement and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the Borrowers, Borrower as provided in Section 4.16.01, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 7.16, the date of the supplement hereto executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 6.02 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 6.01 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “"Contributing Guarantor”") agrees (subject to Section 4.3) that, in the event a payment shall be made by any other Guarantor under this Agreement and such other Guarantor (the “"Claiming Guarantor”") shall not have been fully indemnified by the Borrowers, as provided in Section 4.1, such Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such Contributing Guarantor on the date it became a party hereto and the denominator shall be the aggregate net worth of all Guarantors on such date. Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 to the extent of such payment.

Contribution and Subrogation. Each Guarantor (a “"Contributing Guarantor”") agrees (subject to Section 4.317.2) that, in the event a payment shall be made by any other Guarantor under this Agreement and such other Guarantor Guaranty (the “"Claiming Guarantor”) shall not have been fully indemnified by "), the Borrowers, as provided in Section 4.1, such Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, in each case multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 18, the date of the Supplement hereto executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 17.1 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 to the extent of such paymentGuarantor.