Equitable Allocation. If as a result of any reorganization, recapitalization, or other corporate change any Guarantor, or as a result of any amendment, waiver or modification of the terms and conditions governing the Loan Documents or the Guaranteed Obligations, or for any other reason, the contributions under this Agreement become inequitable, then the parties hereto shall promptly modify and amend this Agreement to provide for an equitable allocation of the contributions. Any of the foregoing modifications and amendments shall be in writing and signed by all parties hereto.
Appears in 1 contract
Sources: Subrogation and Contribution Agreement (BMG North America LTD)
Equitable Allocation. If as a result of any reorganization, recapitalization, or other corporate change in the Borrower or any GuarantorAffiliate or Subsidiary of the Borrower, or as a result of any amendment, waiver or modification of the terms and conditions governing the Loan Documents Credit Agreement or the Guaranteed Obligations, or for any other reason, the contributions Contributions under this Agreement become inequitable, then the parties hereto shall promptly modify and amend this Agreement to provide for an equitable allocation of the contributionsContributions. Any of the foregoing modifications and amendments to this Agreement shall be in writing and signed by all parties hereto.
Appears in 1 contract
Sources: Credit, Security, Guaranty and Pledge Agreement (Guilford Mills Inc)
Equitable Allocation. If as a result of any reorganization, recapitalization, recapitalization or other corporate change in Parent or any Guarantorof its Subsidiaries, or as a result of any amendment, waiver or modification of the terms and conditions governing the Loan Documents Guarantee Agreement or any of the Guaranteed Obligations, or for any other reason, the contributions under this Contribution Agreement become inequitable, then the parties hereto shall promptly modify and amend this Contribution Agreement to provide for an equitable allocation of the contributions. Any of the foregoing All such modifications and amendments shall be in writing and signed by all parties hereto.
Appears in 1 contract
Sources: Note Purchase Agreement (Ryans Family Steakhouses Inc)