Fund Contributions. If for any reason (other than solely by operation of the terms of this Agreement) the indemnification provided herein is unavailable to an Indemnified Person, or insufficient to hold it harmless, then the Fund shall contribute to the amount paid or payable by such Indemnified Person as a result of such loss, claim, damage or liability in such proportion as is appropriate to reflect not only the relative benefits received by the Fund on the one hand and the Indemnified Person on the other, but also the relative fault of the Fund and the Indemnified Person as well as any other relevant equitable considerations.
Appears in 2 contracts
Sources: Limited Liability Company Agreement (Capitala Finance Corp.), Limited Liability Company Agreement (Capitala Finance Corp.)