Common use of Contribution and Subrogation Clause in Contracts

Contribution and Subrogation. Each Subsidiary Guarantor (a “Contributing Party”) agrees (subject to Section 3.03) that, in the event a payment shall be made by any other Subsidiary Guarantor hereunder in respect of any Guaranteed Obligation and such other Subsidiary Guarantor (the “Claiming Party”) shall not have been fully indemnified by the Borrower as provided in Section 3.01, the Contributing Party shall indemnify the Claiming Party in an amount equal to the amount of such payment, multiplied by a fraction of which the numerator shall be the net worth of the Contributing Party on the date hereof and the denominator shall be the sum of the respective net worth of all the Subsidiary Guarantors on the date hereof (or, in the case of any Subsidiary Guarantor becoming a party hereto pursuant to Section 5.17, the date of the Supplement pursuant to which such Subsidiary Guarantor became a party hereto). Any Contributing Party making any payment to any Claiming Party pursuant to this Section 3.02 shall (subject to Section 3.03) be subrogated to the rights of such Claiming Party under Section 3.01 to the extent of such payment.

Contribution and Subrogation. Each Subsidiary Guarantor (a “Contributing Party”) agrees (subject to Section 3.036.03) that, in the event a payment shall be made by any other Subsidiary Guarantor hereunder in respect of any Guaranteed Obligation or assets of any other Subsidiary Guarantor shall be sold pursuant to any Security Document to satisfy any Obligation owed to any Secured Party and such other Subsidiary Guarantor (the “Claiming Party”) shall not have been fully indemnified by the Borrower and Holdings as provided in Section 3.016.01, the Contributing Party shall indemnify the Claiming Party in an amount equal to the amount of such paymentpayment or the greater 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 the Contributing Party on the date hereof and the denominator shall be the sum of the respective aggregate net worth of all the Subsidiary Guarantors on the date hereof (or, in the case of any Subsidiary Guarantor becoming a party hereto pursuant to Section 5.177.14, the date of the Supplement pursuant to which supplement hereto executed and delivered by such Subsidiary Guarantor became a party heretoGuarantor). Any Contributing Party making any payment to any a Claiming Party pursuant to this Section 3.02 6.02 shall (subject to Section 3.03) be subrogated to the rights of such Claiming Party under Section 3.01 6.01 to the extent of such payment.

Contribution and Subrogation. Each Subsidiary Guarantor (a “Contributing Party”) agrees (subject to Section SECTION 3.03) that, in the event a payment shall be made by any other Subsidiary Guarantor hereunder in respect of any Guaranteed Obligation Indemnification Obligations and such other Subsidiary Guarantor (the “Claiming Party”) shall not have been fully indemnified by the Borrower as provided in Section SECTION 3.01, the Contributing Party shall indemnify the Claiming Party in an amount equal to the amount of such payment, multiplied by a fraction of which the numerator shall be the net worth of the Contributing Party on the date hereof and the denominator shall be the sum of the respective net worth of all the Subsidiary Guarantors on the date hereof Distribution Date (or, in the case of any Subsidiary Guarantor becoming a party hereto pursuant to Section 5.17SECTION 5.07, the date of the Supplement executed and delivered by such Guarantor) and the denominator shall be the aggregate net worth of all of the Guarantors on the Distribution Date (or, in the case of any Guarantor becoming a party hereto pursuant to which SECTION 5.07, such Subsidiary Guarantor became a party heretoother date). Any Contributing Party making any payment to any a Claiming Party pursuant to this Section SECTION 3.02 shall (subject to Section 3.03) be subrogated to the rights of such Claiming Party under Section SECTION 3.01 to the extent of such payment.

Contribution and Subrogation. Each Subsidiary Guarantor other than the Company (each such Guarantor being called a “Contributing Party”) agrees (subject to Section 3.03) that, in the event a payment shall be made by any other Subsidiary Guarantor other than the Company hereunder in respect of any Guaranteed Obligation and such other Subsidiary Guarantor (the “Claiming Party”) shall not have been fully indemnified by the Borrower Company as provided in Section 3.01, the such Contributing Party shall indemnify the Claiming Party in an amount equal to the amount of such payment, payment multiplied by a fraction of which the numerator shall be the net worth of the such Contributing Party on the date hereof and the denominator shall be the sum of the respective net worth of all the Subsidiary Guarantors on the date hereof (or, in the case of any Subsidiary Guarantor Contributing Party becoming a party hereto pursuant to Section 5.174.13, the date of the Supplement supplement hereto executed and delivered by such Contributing Party) and the denominator shall be the aggregate net worth of all the Contributing Parties on the date hereof (or, in the case of any Contributing Party becoming a party hereto pursuant to which Section 4.13, the date of the supplement hereto executed and delivered by such Subsidiary Guarantor became a party heretoContributing Party). Any Contributing Party making any payment to any a Claiming Party pursuant to this Section 3.02 shall (subject to Section 3.03) be subrogated to the rights of such Claiming Party under Section 3.01 to the extent of such payment.

Contribution and Subrogation. Each Subsidiary Guarantor (a “Contributing Party”) agrees (subject to Section 3.03) that, in the event a payment shall be made by any other Subsidiary Guarantor hereunder in respect of any Guaranteed Obligation and such other Subsidiary Guarantor (the “Claiming Party”) shall not have been fully indemnified by the Borrower as provided in Section 3.01, the Contributing Party shall indemnify the Claiming Party in an amount equal to the amount of such payment, payment multiplied by a fraction of which the numerator shall be the net worth of the Contributing Party on the date hereof (or, in the case of any Subsidiary Guarantor becoming a party hereto pursuant to Section 4.14, the date of the supplement hereto executed and delivered by such Subsidiary Guarantor) and the denominator shall be the sum of the respective aggregate net worth of all the Subsidiary Guarantors on the date hereof (or, in the case of any Subsidiary Guarantor becoming a party hereto pursuant to Section 5.174.14, the date of the Supplement pursuant to which supplement hereto executed and delivered by such Subsidiary Guarantor became a party heretoGuarantor). Any Contributing Party making any payment to any a Claiming Party pursuant to this Section 3.02 shall (subject to Section 3.03) be subrogated to the rights of such Claiming Party under Section 3.01 to the extent of such payment.

Contribution and Subrogation. Each Subsidiary Guarantor (a “Contributing Party”) agrees (subject to Section 3.03) that, in the event a payment shall be made by any other Subsidiary Guarantor hereunder in respect of any Guaranteed Obligation and such other Subsidiary Guarantor (the “Claiming Party”) shall not have been fully indemnified by the Borrower as provided in Section 3.01, the Contributing Party shall indemnify the Claiming Party in an amount equal to the amount of such payment, payment multiplied by a fraction of which the numerator shall be the net worth of the Contributing Party on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 4.14, the date of the supplement hereto executed and delivered by such Guarantor) and the denominator shall be the sum of the respective aggregate net worth of all the Subsidiary Guarantors on the date hereof (or, in the case of any Subsidiary Guarantor becoming a party hereto pursuant to Section 5.174.14, the date of the Supplement pursuant to which supplement hereto executed and delivered by such Subsidiary Guarantor became a party heretoGuarantor). Any Contributing Party making any payment to any a Claiming Party pursuant to this Section 3.02 shall (subject to Section 3.03) be subrogated to the rights of such Claiming Party under Section 3.01 to the extent of such payment.

Contribution and Subrogation. (a) Each Subsidiary Non-Parent Guarantor (a “Contributing Party”) agrees (subject to Section 3.03) that, in the event a payment shall be made by any other Subsidiary Non-Parent Guarantor hereunder in respect of any Guaranteed Obligation and such other Subsidiary Guarantor (the “Claiming Party”) shall not have been fully indemnified by the Borrower Borrowers as provided in Section 3.01, the Contributing Party shall indemnify the Claiming Party in an amount equal to the amount of such payment, multiplied by a fraction of which the numerator shall be the net worth of the Contributing Party on the date hereof and the denominator shall be the sum of the respective aggregate net worth of all the Subsidiary Non-Parent Guarantors on the date hereof (or, in the case of any Subsidiary Non-Parent Guarantor becoming a party hereto pursuant to Section 5.174.13, the date of the Supplement pursuant to which supplement hereto executed and delivered by such Subsidiary Guarantor became a party heretoNon-Parent Guarantor). Any Contributing Party making any payment to any a Claiming Party pursuant to this Section 3.02 shall (subject to Section 3.03) be subrogated to the rights of such Claiming Party under Section 3.01 to the extent of such payment.