Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 55 contracts
Samples: Credit Agreement (Polo Ralph Lauren Corp), Credit Agreement (Tenneco Inc), Subsidiary Guaranty Agreement (Valero L P)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 48 contracts
Samples: Indenture (Avis Budget Group, Inc.), Indenture (Trisyn Group, Inc.), Indenture (Cott Corp /Cn/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 43 contracts
Samples: Guarantee Agreement (M I Homes Inc), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 37 contracts
Samples: Surgery Center (Surgery Partners, Inc.), Indenture (Community Health Systems Inc), Batman Merger Sub (Blue Coat, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32.03. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersGuaranteed Creditors, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 25 contracts
Samples: Guaranty and Pledge Agreement (Teton Energy Corp), Guaranty Agreement (Universal Compression Inc), Assumption Agreement (Hornbeck Offshore Services Inc /La)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 21 contracts
Samples: Indenture (Avis Budget Group, Inc.), Indenture (Townsquare Media, LLC), Indenture (Valley Telephone Co., LLC)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 20 contracts
Samples: Credit Agreement (Aol Time Warner Inc), Credit Agreement (Time Warner Inc), Credit Agreement (Aol Time Warner Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.36 hereof. The provisions of this Section 2.2 4 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for other Secured Parties up to the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 19 contracts
Samples: Credit Agreement (PRA Health Sciences, Inc.), Intercreditor Agreement (Canada Goose Holdings Inc.), Intercreditor Agreement (Canada Goose Holdings Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 17 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.), Intercreditor Agreement (Edgen Murray II, L.P.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 17 contracts
Samples: Guarantee Agreement (Revlon Inc /De/), Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Booz Allen Hamilton Holding Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 16 contracts
Samples: Indenture (KAR Auction Services, Inc.), Indenture (Builders FirstSource, Inc.), Supplemental Indenture (IAA Spinco Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company, or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 11.04 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 13 contracts
Samples: Employment Agreement (Amc Entertainment Inc), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed guarantied by such Guarantor hereunder.
Appears in 13 contracts
Samples: Guaranty Agreement (Huron Consulting Group Inc.), Guaranty and Pledge Agreement (Lecg Corp), Guaranty and Collateral Agreement (Russ Berrie & Co Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any such Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which has who have not paid its their proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 12 contracts
Samples: Indenture (Axalta Coating Systems Ltd.), Supplemental Indenture (Axalta Coating Systems Ltd.), Indenture (Allison Transmission Holdings Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.07. The provisions of this Section 2.2 10.06 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 12 contracts
Samples: Indenture (Owens-Illinois Healthcare Packaging Inc.), Indenture (Owens-Illinois Group Inc), Indenture (Owens-Illinois Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.33.3. The provisions of this Section 2.2 3.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 11 contracts
Samples: Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Credit Agreement (Scotts Miracle-Gro Co), Guarantee and Collateral Agreement (Scotts Miracle-Gro Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 11 contracts
Samples: Indenture (Pactiv Evergreen Inc.), Indenture (Restaurant Brands International Limited Partnership), Indenture (Pactiv Evergreen Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 11 contracts
Samples: Credit Agreement (Iac/Interactivecorp), Security Agreement (HC Innovations, Inc.), Credit Agreement (Doane Pet Care Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Guaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Guaranteed Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 10 contracts
Samples: Guarantee (Intelsat S.A.), Secured Revolving Credit Agreement (NXP Semiconductors N.V.), Secured Bridge Term Credit Agreement (Freescale Semiconductor, Ltd.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 10 contracts
Samples: Second Lien Credit Agreement (Global Eagle Entertainment Inc.), First Lien Credit Agreement (Option Care Health, Inc.), First Lien Credit Agreement (Option Care Health, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 10 contracts
Samples: Guarantee and Collateral Agreement (Triumph Group Inc), Guarantee and Collateral Agreement (Triumph Group Inc), Guarantee and Collateral Agreement (Educate Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.4. The provisions of this Section 2.2 10.9 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 9 contracts
Samples: Credit and Guaranty Agreement (Anvilire), Credit and Guaranty Agreement (Ancestry.com LLC), Joinder Agreement (Informatica Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 9 contracts
Samples: Guarantee and Collateral Agreement (Exar Corp), Guarantee Agreement (On Semiconductor Corp), Security Agreement (Cable One, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for other Secured Parties up to the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 9 contracts
Samples: Collateral Agreement (Laureate Education, Inc.), Collateral Agreement (Laureate Education, Inc.), Credit Agreement (Dollar General Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor Loan Party to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Lender Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 9 contracts
Samples: Term Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Mylan N.V.), Term Credit Agreement (Mylan Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any such Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Indenture (Zekelman Industries, Inc.), Cedar I Merger (CommScope Holding Company, Inc.), Cedar I Merger (CommScope Holding Company, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Time Warner Inc.), Credit Agreement (Time Warner Inc.), Credit Agreement (Central European Media Enterprises LTD)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Macrovision Solutions CORP), Senior Secured Term Loan Credit Agreement (Internap Corp), Credit Agreement (Internap Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.34 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, Beneficiaries and each Guarantor shall remain liable to the Administrative Agent and the Lenders Beneficiaries for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Guarantee (Safeskin Corp), Guarantee (Kindercare Learning Centers Inc /De), Guarantee (Hanover Compressor Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement (Global Decisions Group LLC), Guarantee and Collateral Agreement (Day International Group Inc), Guarantee and Collateral Agreement (Telex Communications Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (Kennametal Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.315.4 hereof. The provisions of this Section 2.2 15.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Possession Credit Agreement, Possession Credit Agreement (Intelsat S.A.), Credit Agreement (Intelsat S.A.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Trustee, the Collateral Agent and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Trustee, the Collateral Agent and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Initial Agreement (Frontier Communications Corp), Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Assumption Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Imperial Holly Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Hooper Holmes Inc), Guarantee and Collateral Agreement (Biotricity Inc.), Guarantee and Collateral Agreement (Acer Therapeutics Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Guarantee (Accellent Corp.), Guarantee (Rockwood Holdings, Inc.), Security Agreement (Rockwood Holdings, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor Loan Party to the Administrative Agent and the LendersLender Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Lender Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Upjohn Inc), Revolving Credit Agreement (Viatris Inc), Loan Credit Agreement (Upjohn Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Subordinated Guarantee Agent and the LendersCredit Parties, and each Guarantor shall remain liable to the Administrative Subordinated Guarantee Agent and the Lenders Credit Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Dex Media, Inc.), Loan Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Rovi Corp), Credit Agreement (TiVo Corp), Credit Agreement (Rovi Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp), Credit Agreement (YRC Worldwide Inc.)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or in respect of the Guaranteed Obligations, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right The provisions of contribution this Section 13 shall be subject to the terms and conditions of Section 2.312. The provisions of this Section 2.2 13 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersGuaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Guaranteed Parties for the full amount guaranteed by such Guarantor it hereunder.
Appears in 4 contracts
Samples: Security Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Joe's Jeans Inc.), Guarantee and Collateral Agreement (Joe's Jeans Inc.), Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp), Guarantee and Collateral Agreement (Macquarie Infrastructure CO LLC)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.31(c). The provisions of this Section 2.2 1(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Eastman Kodak Co), Credit Agreement (Eastman Kodak Co), Guarantee and Collateral Agreement (Eastman Kodak Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor (other than Holdings) shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Triumph Group Inc), Guarantee and Collateral Agreement (Omniamerica Inc), Guarantee and Collateral Agreement (WTNH Broadcasting Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Bank(s), the Swing Line Lender and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank(s), the Swing Line Lender and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Abl Credit Agreement (Option Care Health, Inc.), Abl Credit Agreement (Option Care Health, Inc.), Abl Credit Agreement (Option Care Health, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Bank and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Revel AC, Inc.), Credit and Security Agreement (Five Star Quality Care Inc), Credit Agreement (EPL Intermediate, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Senior Unsecured Credit Agreement (Intelsat LTD), Guarantee (Intelsat S.A.), Guarantee (Intelsat S.A.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.09 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Banks and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Banks and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Nebraska Book Co), Guarantee and Collateral Agreement (NBC Acquisition Corp), Guarantee and Collateral Agreement (NBC Acquisition Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.39.4. The provisions of this Section 2.2 9.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, and the Lenders, Lenders and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan and Bridge Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan Agreement (Gevo, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32(e). The provisions of this Section 2.2 2(j) shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (School Specialty Inc), Security Agreement (School Specialty Inc), Guarantee and Collateral Agreement (School Specialty Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.02. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (AST SpaceMobile, Inc.), Guarantee and Collateral Agreement (Eos Energy Enterprises, Inc.), Patent Security Agreement (Soundhound Ai, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.04. The provisions of this Section 2.2 4.08 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Year Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Security Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Security Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Sony Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee (Rockwood Specialties Group Inc), Uk Guarantee (Rockwood Specialties Group Inc), Rockwood Specialties Group Inc
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32.4. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Chesapeake Energy Corp), Collateral Agreement (Roan Resources, Inc.), Credit Agreement (California Resources Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain jointly and severally liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (L 3 Communications Corp), Subsidiary Guarantee Agreement (L 3 Communications Corp), Parent Guarantee Agreement (L 3 Communications Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (TBC Corp), Guarantee and Collateral Agreement (TBC Corp), Credit Agreement (TBC Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: First Lien Guarantee and Collateral Agreement (Engility Holdings, Inc.), Second Lien Guarantee and Collateral Agreement (Engility Holdings, Inc.), Guarantee and Collateral Agreement (Engility Holdings, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Lexmark International Group Inc), Credit and Guarantee Agreement (Young & Rubicam Inc), Credit Agreement (Core Mark International Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3Paragraph 5 hereof. The provisions of this Section 2.2 Paragraph 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Gulfterra Energy Partners L P), Term Loan Agreement (Gulfstream Aerospace Corp), Pledge Agreement (Essex Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder. Additional Guarantor Waivers and Agreements .
Appears in 3 contracts
Samples: Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor hereunder to the Administrative Agent Agent, for itself and for the ratable benefit of the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, for itself and for the Lenders ratable benefit of the Lenders, for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guaranty and Collateral Agreement (Furmanite Corp), Guaranty and Collateral Agreement (Furmanite Corp), Credit Agreement (Furmanite Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s Guarantor‟s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Collateral Agent, the Trustee and the LendersHolders, and each Guarantor shall remain liable to the Administrative Agent Collateral Agent, the Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Guaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Guaranteed Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Subsidiary Guaranty (USA Synthetic Fuel Corp), Subsidiary Guaranty (USA Synthetic Fuel Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Superior Offshore International Inc.), Guarantee and Collateral Agreement (Superior Offshore International Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Collateral Agent, the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Collateral Agent, the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Aspen Insurance Holdings LTD), Guarantee and Collateral Agreement (Aspen Insurance Holdings LTD)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Revolver Agent, the Lenders and any of the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)
Right of Contribution. Each Subject to Section 11.08, each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 11.09 shall in no respect limit the obligations and liabilities of any Guarantor to the Issuing Bank, the Administrative Agent Agent, the Arrangers and the Lenders, and each Guarantor shall remain liable to the Issuing Bank, the Administrative Agent Agent, the Arrangers and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Cemex Sa De Cv), Reimbursement and Credit Agreement (Cemex Sa De Cv)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each GuarantorGuarantor ’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Guaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for other Guaranteed Parties up to the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 2 contracts
Samples: Senior Unsecured (First Data Corp), First Data Corp
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Bank, the Guarantee Bank and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank, the Guarantee Bank and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or under the other Indenture Documents, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.33.6. The provisions of this Section 2.2 4.14 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Johnstone Tank Trucking Ltd., Johnstone Tank Trucking Ltd.
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.3. The provisions of this Section 2.2 10.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Global Geophysical Services Inc), Second Lien Credit Agreement (Global Geophysical Services Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Kinetic Concepts Inc /Tx/), Credit Agreement (Carmike Cinemas Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Pdi Inc), Guarantee and Collateral Agreement (Multiband Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32.5. The provisions of this Section 2.2 2.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunderof the Guaranteed Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Philadelphia Energy Solutions Inc.), Intercreditor Agreement (Philadelphia Energy Solutions Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Hagler Bailly Inc), Pledge Agreement (Hagler Bailly Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.3. The provisions of this Section 2.2 10.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative DIP Agent and the Lenders, and each Guarantor shall remain liable to the Administrative DIP Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Petition Credit Agreement (Pilgrims Pride Corp), Pilgrims Pride Corp
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Creditors, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guaranty (E&s Holdings Corp), Evenflo & Spalding Holdings Corp
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3subsection 11.3. The provisions of this Section 2.2 subsection 11.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Sirva Inc), Credit and Guarantee Agreement
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Tranche A Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Tranche A Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (PHH Corp), Credit Agreement (PHH Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Tranche B Term Loan Credit Agreement (YRC Worldwide Inc.), Term Loan Credit Agreement (YRC Worldwide Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: And Collateral Agreement (Bally Total Fitness Holding Corp), Guarantee and Collateral Agreement (West Village Gym at the Archives LLC)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (NBC Acquisition Corp), Guarantee and Collateral Agreement (Nebraska Book Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or under the other Indenture Documents, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.33.6. The provisions of this Section 2.2 4.13 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Johnstone Tank Trucking Ltd., Johnstone Tank Trucking Ltd.
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.02. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (MorningStar Partners, L.P.), Guaranty and Collateral Agreement (EV Energy Partners, LP)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Grand Union Co /De/), Master Guarantee and Collateral Agreement (Key Energy Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement, Credit and Guarantee Agreement
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Reimbursement Agreement (SPX Corp), Collateral Agreement (SPX Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersLenders and the Issuing Lender, and each Guarantor shall remain liable to the Administrative Agent and the Lenders and the Issuing Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Pledge Agreement (Denali Inc), Subsidiaries Guarantee (Unidigital Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Pledge Agreement (Kinder Morgan Inc), Credit Agreement (Kinder Morgan Holdco LLC)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.. 2.3
Appears in 2 contracts
Samples: Intercreditor Agreement (Rent a Center Inc De), Execution Version Guarantee and Collateral Agreement (Gartner Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.04. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Security Agreement (Red Lion Hotels CORP), Credit Agreement (Red Lion Hotels CORP)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s Guarantor ‘s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Guaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for other Guaranteed Parties up to the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 2 contracts
Samples: Energy Future Holdings Corp /TX/, Energy Future Holdings Corp /TX/
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.05. The provisions of this Section 2.2 7.11 141 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Banks, the Swingline Lender and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Banks, the Swingline Lender and the Lenders for the full amount guaranteed by such Guarantor hereunderof the Guaranteed Obligations.
Appears in 2 contracts
Samples: Assignment and Assumption (Philadelphia Energy Solutions Inc.), Assignment and Assumption (Philadelphia Energy Solutions Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Barton Protective Services LLC), Guarantee and Collateral Agreement (Us Office Products Co)
