Right of Contribution. Each Subsidiary 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 Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 55 contracts
Samples: Guarantee Agreement (Tenneco Inc), Guarantee and Collateral Agreement (MARRIOTT VACATIONS WORLDWIDE Corp), Credit Agreement (Swift Transportation Co)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder which who 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 10.3 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 25 contracts
Samples: Indenture (Manor Care Inc), Corporate Execution and Notary Acknowledgment (Smithfield Foods Inc), Cno Financial (CNO Financial Group, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.04. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 13 contracts
Samples: Assignment and Assumption (Vine Resources Inc.), Credit Agreement (Velocity Financial, Inc.), Second Lien Credit Agreement (Vine Energy Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid or be obligated to pay 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 Subsidiary Guarantor hereunder which that 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 2.32.03. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Collateral Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 13 contracts
Samples: Subsidiary Guarantee Agreement (El Paso Corp/De), Credit Agreement (El Paso Natural Gas Co), Subsidiary Guarantee Agreement (El Paso Natural Gas Co)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, the Issuing Bank, the Swingline Lender and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank, the Swingline Lender and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 12 contracts
Samples: Credit Agreement (Hercules Offshore, Inc.), Credit Agreement (Mattress Firm Holding Corp.), Credit Agreement (Mattress Firm Holding Corp.)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 11 contracts
Samples: Guarantee and Collateral Agreement (Grove Holdings Capital Inc), Assumption Agreement (Abry Holdings Iii Inc), Guarantee and Collateral Agreement (B&g Foods Inc)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 9 contracts
Samples: Guarantee and Collateral Agreement (Six Flags Entertainment Corp), Guarantee and Collateral Agreement (Allscripts Healthcare Solutions, Inc.), Guarantee and Collateral Agreement (Six Flags Entertainment Corp)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 Subsidiary Guarantor to the Administrative Collateral Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 7 contracts
Samples: Intercreditor Agreement (First Wind Holdings Inc.), Guarantee and Collateral Agreement (B&G Foods, Inc.), First Lien Guarantee and Security Agreement (First Wind Holdings Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 7 contracts
Samples: Credit Agreement (APX Group Holdings, Inc.), Term Loan Credit Agreement (BRP Inc.), Credit Agreement (Vivint Smart Home, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder which who has not paid its proportionate share of such payment. Each , based on the respective net assets of all the Subsidiary Guarantor’s right Guarantors at the time of contribution shall be subject to the terms and conditions of Section 2.3such payment, determined in accordance with GAAP. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the LendersHolders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed Guaranteed by such Subsidiary Guarantor hereunder.
Appears in 7 contracts
Samples: Indenture (CNX Resources Corp), Indenture (CNX Resources Corp), Indenture (CNX Resources Corp)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 6 contracts
Samples: Credit Agreement (SPX Corp), Guarantee and Collateral Agreement (Sunpower Corp), Credit Agreement (SPX Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Subsidiary Guarantor hereunder which who 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 10.3 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 6 contracts
Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that 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 Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 6 contracts
Samples: Credit Agreement (Kadant Inc), Guarantee Agreement (Kadant Inc), Guarantee and Pledge Agreement (Kadant Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company, or any other Subsidiary Guarantor hereunder which who 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 10.3 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Cornell Companies Inc), Indenture (Conexant Systems Inc), Indenture (Conexant Systems Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantee, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Issuer, or any other Subsidiary Guarantor hereunder which who 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 11.04 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 5 contracts
Samples: Indenture (GeoEye, Inc.), Registration Rights Agreement (GeoEye, Inc.), Indenture (GeoEye License Corp.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 Subsidiary Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Lucent Technologies Inc), Credit Agreement (PGA Holdings, Inc.), Credit Agreement (PGA Holdings, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.311.6. The provisions of this Section 2.2 11.5 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 5 contracts
Samples: Management Services Agreement (Windy Hill Pet Food Co Inc), Indenture (Aurora Foods Inc /De/), Indenture (Aurora Foods Inc /Md/)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.310.3. The provisions of this Section 2.2 10.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Lender Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.3Sections 10.05 and 10.07. The provisions of this Section 2.2 10.11 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (American General Finance Inc), Security Agreement (Springleaf Finance Inc), Security Agreement (Springleaf Finance Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder which who 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 10.03 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Indenture (McClatchy Co), Indenture (Pier 1 Imports Inc/De), Pier 1 Imports Inc/De
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Wire Harness Industries Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc), Guarantee and Collateral Agreement (Lucent Technologies Inc)
Right of Contribution. (a) Each Subsidiary 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 Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Cinemark Holdings, Inc.), Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Holdings, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.34. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersNoteholders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Noteholders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Note Purchase Agreement (MSC Industrial Direct Co Inc), Subsidiary Guaranty (MSC Industrial Direct Co Inc), MSC Industrial Direct Co Inc
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.310.04. The provisions of this Section 2.2 10.09 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, the Issuing Bank and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Intira Corp), Guarantee and Collateral Agreement (Bedding Experts Inc), And Collateral Agreement (Nationwide Credit Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder which who 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 11.03 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed Guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Indenture (Central European Media Enterprises LTD), Indenture (CME Media Enterprises B.V.), Indenture (CME Media Enterprises B.V.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary 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 Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which who 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 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Subsidiary 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 Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Security Agreement (Energy Future Competitive Holdings Co LLC), Credit Agreement (Energy Future Intermediate Holding CO LLC), Security Agreement (Energy Future Competitive Holdings Co LLC)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who 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 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Kimco Realty Corp), Term Loan Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Norcraft Companies Lp), Credit Agreement (AP Gaming Holdco, Inc.), Credit Agreement (Norcraft Companies, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who 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 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, the Issuing Lender and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Lender and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.33.3. The provisions of this Section 2.2 3.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Avis Budget Group, Inc.), Guarantee and Collateral Agreement (Avis Budget Group, Inc.), Guarantee and Collateral Agreement (Avis Budget Group, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the General Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the General Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Laidlaw Environmental Services Inc), Guarantee and Collateral Agreement (SMTC Corp), Credit Agreement (Safety Kleen Corp/)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Prestige Consumer Healthcare Inc.), Term Loan Credit Agreement (Prestige Brands Holdings, Inc.), Term Loan Credit Agreement (Prestige Brands Holdings, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.310.04. The provisions of this Section 2.2 10.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen CO B.V.), Senior Secured Loan Agreement (Nielsen Holdings B.V.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Term Loan Credit and Guarantee Agreement (RDA Holding Co.), Unsecured Term Loan Credit and Guarantee Agreement (RDA Holding Co.), Revolving Credit and Guarantee Agreement (RDA Holding Co.)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary Guarantor or a Borrower shall have paid more than its proportionate share of any payment made hereunder, such Subsidiary Guarantor or such Borrower shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s and each Borrower’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 Subsidiary Guarantor or any Borrower to the Administrative Agent and the Lenders, and each Subsidiary Guarantor and each Borrower shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor and such Borrower hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder which who has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.33.6. The provisions of this Section 2.2 11.3 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Indenture (NBC Acquisition Corp), Indenture (Nebraska Book Co), Selfix Inc /De/
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who 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 2.3Paragraph 5 hereof. The provisions of this Section 2.2 Paragraph 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Lifetime Brands, Inc), Credit Agreement (Thompson Creek Metals CO Inc.), Revolving Credit Agreement (ICO Global Communications (Holdings) LTD)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, Issuing Bank, Swingline Lender and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, Issuing Bank, Swingline Lender and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Norcraft Holdings, L.P.), Security Agreement (Norcraft Companies, Inc.), Credit Agreement (Norcraft Companies Lp)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.311.6. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Securityholders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Securityholders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Indenture (Wire Harness Industries Inc), Indenture (Wire Harness Industries Inc), Indenture (International Wire Group Inc)
Right of Contribution. Each Subsidiary The Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder which (including the Guarantor) who has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.33.6. The provisions of this Section 2.2 2.3 shall in no respect limit the obligations and liabilities of any Subsidiary the Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary the Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary the Guarantor hereunder.
Appears in 3 contracts
Samples: Subsidiary Guarantee (Nebraska Book Co), NBC Acquisition Corp, Nebraska Book Co
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary 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 Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which who 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 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for other Secured Parties up to the full amount guaranteed by maximum liability of such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Abl Security Agreement (Avaya Holdings Corp.), Intercreditor Agreement (Avaya Holdings Corp.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, the Issuing Bank, and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank, and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Navisite Inc), Credit Agreement (Navisite Inc)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Portillo's Inc.), Second Lien Credit Agreement (Portillo's Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or under the FNIS Loan Party Guaranty, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder or thereunder 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 2.32.3 hereof and Section 4 of the FNIS Loan Party Guaranty. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.”
Appears in 2 contracts
Samples: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Metavante Technologies, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary 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 Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which who 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 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lendersother Secured Bank Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for other Secured Bank Parties up to the full amount guaranteed by maximum liability of such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Junior Lien Intercreditor Agreement (Energy Future Competitive Holdings Co LLC), Junior Lien Intercreditor Agreement (Vistra Energy Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that that, to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or in respect of the Obligations, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s right The provisions of contribution this Section 3 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 Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor it hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Collateral Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Collins & Aikman Corp), Guarantee and Collateral Agreement (Hanover Compressor Co /)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.4. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Pledge and Security Agreement (TMS International Corp.), Credit Agreement (TMS International Corp.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of the aggregate of any payment made hereunderhereunder and by the Parent Guarantor under a Parent Guarantee, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary 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 2.3all Guarantees. The provisions of this Section 2.2 4 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor it hereunder.
Appears in 2 contracts
Samples: Guarantee (Language Line Costa Rica, LLC), Guarantee (Atlantic Broadband Management, LLC)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.4. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Xfone Inc.), Guarantee and Security Agreement (EVmo, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who 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 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersBank, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Bank for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.39.04. The provisions of this Section 2.2 9.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.11 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, the Issuing Bank, the Swingline Lender and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank, the Swingline Lender and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.39.3. The provisions of this Section 2.2 9.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Security Agreement (Superior Telecom Inc), And Security Agreement (Mississippi Chemical Corp /MS/)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Infrasource Services Inc), Guarantee and Collateral Agreement (Relocation Management Systems Inc)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.04. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Milan Laser Inc.), Credit and Guaranty Agreement (Milan Laser Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any such Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under its Subsidiary Guaranty, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder which who 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 10.3 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Indenture (Reddy Ice Holdings Inc), Indenture (Reddy Ice Holdings Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder which who has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.33.6. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Russell Corp, Jiffy Lube International Inc
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Pledge Agreement (Gentek Inc), Guarantee and Collateral Agreement (Gentek Inc)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.32.06. The provisions of this Section 2.2 2.08 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (NPR Inc), Securities Purchase Agreement (Sjit Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that that, to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment payments made hereunderin respect of the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which has not paid its proportionate share of such paymentthe Guarantors hereunder. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunderunder its Subsidiary Guarantee.
Appears in 2 contracts
Samples: Credit Agreement (Coty Inc.), Credit Agreement (Coty Inc /)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.313.04. The provisions of this Section 2.2 13.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, the Issuing Bank, the Swingline Lender and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank, the Swingline Lender and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Restaurant Holdings, LLC)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which that 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 2.310.3. The provisions of this Section 2.2 10.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lendersother Credit Agreement Secured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders other Credit Agreement Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (American Capital, LTD), Credit Agreement (American Capital, LTD)
Right of Contribution. Each ----------------------- Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Reliant Building Products Inc)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by maximum liability of such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (Ddi Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any that makes a payment made hereunder, such Subsidiary Guarantor on the obligations under the Guarantees shall be entitled entitled, upon payment in full of all obligations under the Guarantees, to seek and receive a contribution from and against any each other Subsidiary Guarantor hereunder which has not paid its proportionate share of in an amount equal to such payment. Each other Subsidiary Guarantor’s right pro rata portion of contribution shall be subject to such payment based on the terms and conditions respective net assets of Section 2.3all the Subsidiary Guarantors at the time of such payment determined in accordance with GAAP. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.32.03. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Roundy's, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.311.6. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, 87 79 Securityholders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Securityholders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Campfire Inc
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersLender, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Lender for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Intercreditor Agreement (Delta Tucker Holdings, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Dobson Communications Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that that, to the extent that a any Guarantor Subsidiary Guarantor shall have paid more than its proportionate share of any payment payments made hereunderin respect of the Subsidiary Guaranties, such Guarantor Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which has not paid its proportionate share of such paymentthe Guarantors hereunder. Each Subsidiary Guarantor’s Guarantor Subsidiary'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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Guarantor Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor Subsidiary Guarantor hereunderunder its Subsidiary Guaranty.
Appears in 1 contract
Samples: Credit Agreement (Oakley Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunder, 673 such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which who 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 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (Kimco Realty Corp)
Right of Contribution. (a) Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Cinemark Usa Inc /Tx)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of 7 7 any payment made hereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Master Guarantee and Collateral Agreement (Ero Marketing Inc)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which that 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 2.34.1(a) hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities including, without limitation, the Obligations of any Subsidiary Guarantor to the Administrative Agent and the LendersLender, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Lender for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.3. The provisions of this Section 2.2 11.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and Agent, the Lenders, the Swingline Lenders and the Issuing Banks and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, the Lenders, the Swingline Lenders and the Lenders Issuing Banks for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.11 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.312.5. The provisions of this Section 2.2 12.6 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenderseach other Secured Party, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders each other Secured Party for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by maximum liability of such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Details Capital Corp)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 4 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Pledge Agreement (FLN Finance Inc)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.4. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder..
Appears in 1 contract
Samples: And Security Agreement (Williams Industrial Services Group Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.39.3. The provisions of this Section 2.2 9.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Security Agreement (Terra Industries Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder which who 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 10.3 shall in no respect limit the obligations and liabilities of any each Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Triangle Petroleum Corp)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 3 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Term Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Term Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.312.3. The provisions of this Section 2.2 12.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agents and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Leucadia National Corp)
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary 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 Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which who 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 2.32.4. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which who has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.310.6. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Trustee and the Lenders, Securityholders and each Subsidiary Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Securityholders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agent, the Issuing Bank and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank, and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary 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 Subsidiary Guarantor to the Administrative Collateral Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.313.04. The provisions of this Section 2.2 13.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agents and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Algoma Steel Group Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 Subsidiary Guarantor to the Administrative Agent and the LendersFixed Rate Note Holders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Fixed Rate Note Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (InfraREIT, Inc.)
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.313.4. The provisions of this Section 2.2 13.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent Agents and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary 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 Subsidiary 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 2.38.04. The provisions of this Section 2.2 8.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersNoteholders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Noteholders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Purchase Agreement (Digital Domain)
