Contribution Obligation. Each Guarantor shall be liable to a Funding Guarantor in an amount equal to the greater of (A) the (i) ratio of the Benefit Amount of such Guarantor to the total amount of Guaranteed Obligations, multiplied by (ii) the amount of Guaranteed Obligations paid by such Funding Guarantor and (B) 95% of the excess of the fair saleable value of the property of such Guarantor over the total liabilities of such Guarantor (including the maximum amount reasonably expected to become due in respect of contingent liabilities) determined as of the date on which the payment made by a Funding Guarantor is deemed made for purposes of this Agreement (giving effect to all payments made by other Funding Guarantors as of such date in a manner to maximize the amount of such contributions).
Contribution Obligation. Each Indemnitor shall be liable to a Funding Indemnitor in an amount equal to the greater of (A) the (i) ratio of the Benefit Amount of such Indemnitor to the total amount of Obligations, multiplied by (ii) the amount of Obligations paid by such Funding Indemnitor and (B) 95% of the excess of the fair saleable value of the property of such Indemnitor over the total liabilities of such Indemnitor (including the maximum amount reasonably expected to become due in respect of contingent liabilities) determined as of the date on which the payment made by a Funding Indemnitor is deemed made for purposes of this Agreement (giving effect to all payments made by other Funding Indemnitors as of such date in a manner to maximize the amount of such contributions).
Contribution Obligation. Each Contributor and the Borrower shall be liable to a Funding Contributor in an amount equal to the greater of (A) the product of (i) a fraction the numerator of which is (x) the Benefit Amount of such Contributor or Borrower, and the denominator of which is (y) the total amount of Obligations and (ii) the amount of Obligations paid by such Funding Contributor and (B) 95% of the excess of the fair saleable value of the property of such Contributor over the total liabilities of such Contributor (including the maximum amount reasonably expected to become due in respect of contingent liabilities), as the case may be, determined as of the date on which the payment made by a Funding Contributor is deemed made for purposes of this Agreement or any recourse is exercised against any Contributor's portion of the Collateral, as the case may be (giving effect to all payments made by other Funding Contributors and to the exercise of recourse against any other Funding Contributor's portion of the Collateral as of such date in a manner to maximize the amount of such contributions).
Contribution Obligation. Effective , the undersigned Employer agrees to contribute to the Plans checked below on behalf of its Full-Time Alumni. An Employer may elect to contribute on behalf of all or some of its Alumni. Employer will contribute to the following Plans: Northern California Glaziers, Architectural Metal and Glassworkers Pension Plan Glaziers Individual Account Retirement Plan
Contribution Obligation. Newco has received the undertaking of its sole stockholder obligating the sole stockholder to contribute to the equity capital of Newco pursuant to the terms of a letter agreement delivered to the Company concurrently with Newco's execution and delivery of this Agreement.
Contribution Obligation. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation.
Contribution Obligation. Each Obligor shall be liable to a Funding Obligor in an amount equal to the greater of (A) the product of (i) a fraction the numerator of which is the Benefit Amount of such Obligor, and the denominator of which is the total amount of Obligations and (ii) the amount of Obligations paid by such Funding Obligor and (B) the excess of the fair salable value of the property of such Obligor over the total liabilities of such Obligor (including the maximum amount reasonably expected to become due in respect of contingent liabilities), as the case may be, determined as of the date on which the payment by a Funding Obligor is deemed made for purposes of this Agreement (giving effect to all payments made by other Funding Obligors as of much date in a manner to maximize the amount of such contributions)
Contribution Obligation. GMI shall be liable to a Funding Contributor for the full amount of Secured Obligations paid by such Funding Contributor. Each Contributor shall be liable to a Funding Contributor in an amount equal to the greater of (A) the product of (i) a fraction the numerator of which is the Benefit Amount of such Contributor, and the denominator of which is the total amount of Secured Obligations and (ii) the amount of Secured Obligations paid by such Funding Contributor and (B) 95% of the excess of the fair saleable value of the property of such Contributor over the total liabilities of such Contributor (including the maximum amount reasonably expected to become due in respect of contingent liabilities), as the case may be, determined as of the date on which the payment made by a Funding Contributor is deemed made for purposes of this Agreement or any recourse is exercised against any Funding Contributor's portion of the Collateral, as the case may be (giving effect to all payments made by other Funding Contributors and to the exercise of recourse against any other Funding Contributor's portion of the Collateral as of such date in a manner to maximize the amount of such contributions).
Contribution Obligation. The Municipality's obligation to provide loans to WSW if there is an Deficit within the meaning of Clause [4(2)] of this Agreement.
Contribution Obligation. In connection with the investment pursuant to the Investment Agreement (the “Advent Investment”), the Significant Common Shareholders, on behalf of themselves and all other Shareholders of record immediately prior to the Advent Closing Date have undertaken certain indemnity obligations under the Investment Agreement. If the Significant Common Shareholders make a payment pursuant to their indemnity obligations under the Investment Agreement (“Indemnity Payment”), each Common Shareholder (other than the Significant Common Shareholders) who (i) received a dividend payment with respect to his Common Stock in September or October 2010 (the “Common Dividend”), or (ii) received a cash payment upon the exchange of his warrants in connection with the Advent Investment (“Warrant Exchange”) agrees to contribute his pro rata share of the Indemnity Payment. The Common Shareholders (other than the Significant Common Shareholders) who received cash by reason of the Common Dividend or Warrant Exchange are referred to herein as the “Cash Recipients”.
