Common use of Right of Contribution Clause in Contracts

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have not paid their proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 7 contracts

Samples: Indenture (Axalta Coating Systems Ltd.), Indenture (Axalta Coating Systems Ltd.), Ortho Clinical Diagnostics Holdings PLC

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Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 10.3 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Creditors and each Guarantor shall remain liable to the Trustee and the Holders Secured Creditors for the full amount guaranteed by such Guarantor hereunder.

Appears in 7 contracts

Samples: Control Agreement (Earth Biofuels Inc), Control Agreement (Earth Biofuels Inc), Control Agreement (PNG Ventures Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Company or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 18.03 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee Trustee, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 7 contracts

Samples: Indenture (Orexigen Therapeutics, Inc.), Indenture (Accelerate Diagnostics, Inc), Indenture (Orexigen Therapeutics, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Paragraph 7 above. The provisions of this Section 10.3 Paragraph 23 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Guaranteed Parties, and each Guarantor shall remain liable to the Trustee and the Holders Guaranteed Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 7 contracts

Samples: Existing Credit Agreement (Suburban Propane Partners Lp), Security Agreement (Suburban Propane Partners Lp), Term Loan Credit Agreement (Western Refining, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Issuer or any other Guarantor who have that has not paid their its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 7 contracts

Samples: Indenture (CommScope Holding Company, Inc.), CommScope Holding Company, Inc., CommScope Holding Company, Inc.

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 10.03. The provisions of this Section 10.3 10.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall remain jointly and severally liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 7 contracts

Samples: Asset Based Revolving Credit Agreement (Warrior Met Coal, LLC), Revolving Credit Agreement (Warrior Met Coal, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Purchasers, and each Guarantor shall remain liable to the Trustee and the Holders Purchasers for the full amount guaranteed by such Guarantor hereunder.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Access Integrated Technologies Inc), Subordination Agreement (ABX Holdings, Inc.), Securities Purchase Agreement (Access Integrated Technologies Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 11.07. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 6 contracts

Samples: Supplemental Indenture (Cinemark Usa Inc /Tx), Supplemental Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Holdings, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee Agent and the Holders Lenders, and each Guarantor shall remain liable to the Trustee Agent and the Holders Lenders for the full amount guaranteed by such Guarantor hereunder.

Appears in 5 contracts

Samples: Credit Agreement (Big City Radio Inc), Guarantee and Collateral Agreement (Polo Ralph Lauren Corp), Guarantee and Collateral Agreement (Aftermarket Technology Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 10.3 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Purchaser and each Guarantor shall remain liable to the Trustee and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (AxoGen, Inc.), Guarantee and Collateral Agreement (AxoGen, Inc.), Guarantee and Collateral Agreement (AxoGen, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of this Article X. The provisions of this Section 10.3 10.6 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 5 contracts

Samples: Indenture (GFL Environmental Holdings Inc.), Halcón Resources (Halcon Resources Corp), Indenture (GFL Environmental Holdings Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 17.7 hereof. The provisions of this Section 10.3 17.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

Samples: And (Babcock & Wilcox Enterprises, Inc.), Guaranty and Security Agreement (Dasan Zhone Solutions Inc), Guaranty and Security Agreement (Dasan Zhone Solutions Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

Samples: Subsidiary Guarantee (Pipeline Data Inc), Subsidiary Guarantee (Universal Property Development & Acquisition Corp), Subsidiary Guarantee (Sonoma College Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee Administrative Agent, the Lenders and any of the Holders other Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)

Right of Contribution. (a) Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder that has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Noteholder, and each Guarantor shall remain liable to the Trustee and the Holders Noteholder for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

Samples: Guaranty and Security Agreement (General Motors Co), Guaranty and Security Agreement (General Motors Co), Guaranty and Security Agreement (General Motors Co)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Harman International Industries Inc /De/), Guarantee and Collateral Agreement (Printcafe Software Inc), Guarantee and Collateral Agreement (Printcafe Software Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Issuer or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 12.03 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee Trustee, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

Samples: First Supplemental Indenture (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Issuer or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee Trustees and the Holders and each Guarantor shall remain liable to the Trustee Trustees and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

Samples: Indenture (Cott Corp /Cn/), Indenture (Primo Water Corp /CN/), Indenture (Cott Corp /Cn/)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Eddie Bauer Holdings, Inc.), Guarantee and Collateral Agreement (Eddie Bauer Holdings, Inc.), Guarantee and Collateral Agreement (Eddie Bauer Holdings, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Purchaser, and each Guarantor shall remain liable to the Trustee and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

Samples: Subsidiary Guarantee (Viral Genetics Inc /De/), Subsidiary Guarantee (Casita Enterprises, Inc.), Subsidiary Guarantee (Universal Energy Corp.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on hereunder, the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each the Guarantor to the Trustee Purchaser, and the Holders and each Guarantor shall remain liable to the Trustee and the Holders Purchaser for the full amount guaranteed by such the Guarantor hereunder.

Appears in 4 contracts

Samples: Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (IdeaEdge, Inc), Subsidiary Guarantee (International Stem Cell CORP)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 10.07. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Indenture (Owens Illinois Group Inc), Indenture (Owens Illinois Group Inc), Indenture (Owens Illinois Inc /De/)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 6.03. The provisions of this Section 10.3 6.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Credit Agreement (PARETEUM Corp), Credit Agreement (Elephant Talk Communications Corp), Credit Agreement (PARETEUM Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Company or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 6.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Indenture (Choice Hotels International Inc /De), Indenture (Choice Hotels International Services Corp.), Indenture (Choice Hotels International Inc /De)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Subsidiary and Affiliate Guarantee (Actiga Corp), Subsidiary Guarantee (Universal Property Development & Acquisition Corp), Subsidiary Guarantee (Heartland Oil & Gas Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 10.3 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: And Collateral Agreement (Spanish Broadcasting System Inc), Control Agreement (Earth Biofuels Inc), Guarantee and Collateral Agreement (Spanish Broadcasting System Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 4.01. The provisions of this Section 10.3 2.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee Agent and the Holders Holders, and each Guarantor shall remain liable for the Obligations up to the Trustee and the Holders for the full amount guaranteed by maximum liability of such Guarantor hereunder.

Appears in 3 contracts

Samples: Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 12.07. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Indenture (Cinemark Usa Inc /Tx), Cinemark Holdings, Inc., Cinemark Usa Inc /Tx

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Holders, and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Subsidiary Guarantee (Unity Wireless Corp), Subsidiary Guarantee (Aduromed Industries, Inc.), Subsidiary Guarantee (Access Integrated Technologies Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Guaranty, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Indenture (FriendFinder Networks Inc.), Interactive (FriendFinder Networks Inc.), Joinder Agreement (FriendFinder Networks Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 10.06. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Indenture (Owens-Illinois Group Inc), Indenture (Owens Illinois Inc /De/), Indenture (Owens-Illinois Group Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee Trustee, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Indenture (Restaurant Brands International Inc.), Restaurant Brands International Limited Partnership, Restaurant Brands International Limited Partnership

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 10.3 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Holder, and each Guarantor shall remain liable to the Trustee and the Holders Holder for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

Samples: Assumption Agreement (Cover All Technologies Inc), Assumption Agreement (Cover All Technologies Inc), Assumption Agreement (Digital Recorders Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 10.03 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Indenture (Yum Brands Inc), Non Disturbance Agreement (Yum Brands Inc)

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall, to the extent applicable, have the rights with respect to such amounts set forth in the Indemnity, Subrogation and Contribution Agreement. Each Guarantor’s right of contribution shall be entitled subject to seek the terms and receive contribution from and against the Issuers or any other Guarantor who have not paid their proportionate share conditions of such paymentSection 4 hereof. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Amended and Restated Guarantee Agreement (GrafTech Holdings Inc.), Guarantee Agreement (Graftech International LTD)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 5 hereof. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Fund, and each Guarantor shall remain liable to the Trustee and the Holders Fund for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Credit Facility Agreement (Z Tel Technologies Inc), Loan and Security Agreement (Z Tel Technologies Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 8.04. The provisions of this Section 10.3 8.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lenders, and each Guarantor shall remain liable to the Trustee and the Holders Lenders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Geokinetics Inc), Bridge Loan Agreement (Allis Chalmers Energy Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall have the rights with respect to such amounts set forth in the Indemnity, Subrogation and Contribution Agreement. Each Guarantor's right of contribution shall be entitled subject to seek the terms and receive contribution from and against the Issuers or any other Guarantor who have not paid their proportionate share conditions of such paymentSection 4 hereof. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall (subject to Section 2(b)) remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Guarantee Agreement (Ucar International Inc), Subsidiary Guarantee Agreement (Ucar International Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lenders, and each Guarantor shall remain liable to the Trustee and the Holders Lenders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Parent Guarantee (VCG Holding Corp), Guarantee Agreement (New World Restaurant Group Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: And Collateral Agreement (Osullivan Industries Virginia Inc), Control Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders any Purchaser, and each Guarantor shall remain liable to the Trustee and the Holders each Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Subsidiary Guarantee (ICP Solar Technologies Inc.), Subsidiary Guarantee (ICP Solar Technologies Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 6.03. The provisions of this Section 10.3 6.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Vireo Health International, Inc.), Credit Agreement

Right of Contribution. Each Loan Guarantor hereby agrees that to the extent that any such a Loan Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Loan Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Loan Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Loan Guarantor's right of contribution shall be subject to the terms and conditions of Section 15.3. The provisions of this Section 10.3 15.2 shall in no respect limit the obligations and liabilities of each any Loan Guarantor to the Trustee and the Holders Lender, and each Loan Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Loan Guarantor hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Camping World Holdings, Inc.), Loan and Security Agreement (Kingsway Financial Services Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Note Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Issuer or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Indenture (J C Penney Co Inc), J C Penney Co Inc

Right of Contribution. Each Guarantor hereby Guarantor, by joining herein, agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share (based on the number of Guarantors) of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 14.3. The provisions of this Section 10.3 14.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Holders, and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Note Purchase Agreement (Glori Energy Inc.), Note Purchase Agreement (Glori Energy Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 7.04. The provisions of this Section 10.3 7.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Kemet Corp), Credit Agreement (Kemet Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on hereunder, the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each the Guarantor to the Trustee Purchasers, and the Holders and each Guarantor shall remain liable to the Trustee and the Holders Purchasers for the full amount guaranteed by such the Guarantor hereunder.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Axis Technologies Group Inc), Subsidiary Guarantee (Adamis Pharmaceuticals Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 4.01. The provisions of this Section 10.3 2.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee Collateral Agent and the Holders Holders, and each Guarantor shall remain liable for the Obligations up to the Trustee and the Holders for the full amount guaranteed by maximum liability of such Guarantor hereunder.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Shuttle Pharmaceuticals Holdings, Inc.), Subsidiary Guaranty (Genius Group LTD)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 1.4 of this Guarantee. The provisions of this Section 10.3 1.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Holders, and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Charys Holding Co Inc), Guarantee (Charys Holding Co Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 11.4. The provisions of this Section 10.3 11.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Five Below, Inc), Loan and Security Agreement (Five Below, Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment, but only after the Obligations then due have been satisfied. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Subscribers, and each Guarantor shall remain liable to the Trustee and the Holders Subscribers for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Oxford Media, Inc.), Subsidiary Guarantee (Oxford Media, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Fearless International, Inc.), Subsidiary Guarantee (KeyOn Communications Holdings Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the --------------------- extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (V I Technologies Inc), Guarantee and Collateral Agreement (Lexar Media Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee Administrative Agent and the Holders other Secured Persons, and each Guarantor shall remain liable for the Obligations up to the Trustee and the Holders for the full amount guaranteed by maximum liability of such Guarantor hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Earthstone Energy Inc), Guarantee and Collateral Agreement (AMERICAN EAGLE ENERGY Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall will have paid more than its proportionate share of any payment made on the obligations under its Guarantee, such Guarantor shall will be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have not paid their proportionate share of such payment. The provisions of this Section 10.3 shall will in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall will remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Mariposa Merger Sub (Neiman Marcus Group LTD Inc.), Mariposa Merger Sub (Neiman Marcus Group LTD Inc.)

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Guaranty Agreement (Universal Property Development & Acquisition Corp), Guaranty Agreement (Universal Property Development & Acquisition Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Purchaser, and each Guarantor shall remain liable to the Trustee and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Subsidiary Guarantee (Shea Development Corp.), Subsidiary Guarantee (AtheroNova Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Pdi Inc), Guarantee and Collateral Agreement (Obalon Therapeutics Inc)

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 10.3 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Guaranteed Creditors, and each Guarantor shall remain liable to the Trustee and the Holders Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Guaranty Agreement (Exterran Holdings Inc.), Guaranty Agreement (Exterran Partners, L.P.)

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on hereunder or in respect of the obligations under its GuaranteeObligations, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. The provisions of this Section 10.3 3 shall be subject to the terms and conditions of Section 5. The provisions of this Section 3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor it hereunder.

Appears in 2 contracts

Samples: Corporate Guarantee (Merisel Inc /De/), Corporate Guarantee (Merisel Inc /De/)

Right of Contribution. Each Loan Guarantor hereby agrees that that, to the extent that any such a Loan Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Loan Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Loan Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Loan Guarantor’s right of contribution shall be subject to the terms and conditions of Section 14.3. The provisions of this Section 10.3 14.2 shall in no respect limit the obligations and liabilities of each any Loan Guarantor to the Trustee and the Holders Lender, and each Loan Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Loan Guarantor hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Kinsale Capital Group, Inc.), Loan and Security Agreement (Kinsale Capital Group, Inc.)

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Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunderany Guaranteed Party.

Appears in 2 contracts

Samples: Guarantee Agreement (Istar Financial Inc), Guarantee Agreement (Istar Financial Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Company or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 7.03 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: First Supplemental Indenture (Marvell Technology Group LTD)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Collateral Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Collateral Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Calpine Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 10.07. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: NHW Auburn LLC

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Holders, and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guaranty (Fibrocell Science, Inc.)

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on hereunder or in respect of the obligations under its GuaranteeObligations, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. The provisions of this Section 10.3 3 shall be subject to the terms and conditions of Section 4. The provisions of this Section 3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunderit hereunder subject to Section 12.

Appears in 1 contract

Samples: Limited Guarantee (Global Signal Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 5 hereof. The provisions of this Section 10.3 3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Benefitted Parties, and each Guarantor shall remain liable to the Trustee and the Holders Benefitted Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Cigar Holdings Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 17.7 hereof. The provisions of this Section 10.3 17.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder. 17.11.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or Company and any other Guarantor who have hereunder that has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 4.01 hereof. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Purchaser, and each Guarantor shall remain liable to the Trustee and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guaranty (Airship AI Holdings, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.. (c)

Appears in 1 contract

Samples: Subsidiary Guarantee (Continental Fuels, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor Guar-antor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Issuer or any other oth-er Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.. SECTION 10.4

Appears in 1 contract

Samples: Diversey Holdings, Ltd.

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of 0. The provisions of this Section 10.3 0 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Guaranteed Creditors, and each Guarantor shall remain liable to the Trustee and the Holders Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (Linn Energy, LLC)

Right of Contribution. Each The Guarantor hereby agrees that to the extent that any such the Guarantor shall have paid more than its proportionate share of any payment made on hereunder, the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have guarantor which has not paid their its proportionate share of such payment. The Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each the Guarantor to the Trustee Lenders, and the Holders and each Guarantor shall remain liable to the Trustee and the Holders Lenders for the full amount guaranteed by such the Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee (New Harvest Capital Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section hereof. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lenders, and each Guarantor shall remain liable to the Trustee and the Holders Lenders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiaries Security Agreement (Standard Microsystems Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on hereunder, the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each the Guarantor to the Trustee Purchasers, and the Holders and each Guarantor shall remain liable to the Trustee and the Holders Purchasers for the full amount guaranteed by such the Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guarantee (LOCAL Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Company or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 7.2 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: First Supplemental Indenture (Allegiant Travel CO)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 5. The provisions of this Section 10.3 3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee Agents and the Holders Secured Creditors, and each Guarantor shall remain liable to the Trustee Agents and the Holders Secured Creditors for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Security Agreement (Evenflo Co Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Note Guarantees, such Guarantor shall be entitled entitled, upon payment in full of all Guaranteed Obligations under this Indenture, to seek and receive contribution from and against the Issuers Issuer or any each other Guarantor who have has not paid their its proportionate share of such payment in an amount equal to such other Guarantor’s pro rata portion of such payment based on the respective net assets of all the Guarantors at the time of such payment, as determined in accordance with GAAP. The provisions of this Section 10.3 11.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: CIFC Corp.

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have that has not paid their its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Atotech LTD

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Credit Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Credit Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Collateral and Collateral Trust Agreement (Kerr McGee Corp /De)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 10.04. The provisions of this Section 10.3 10.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Option Care Health, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Purchaser and each Guarantor shall remain liable to the Trustee and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guarantee (Knobias, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.6. The provisions of this Section 10.3 2.8 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee Secured Parties and the Holders each holder of a Note, and each Guarantor shall remain liable to the Trustee Secured Parties and the Holders each holder of a Note for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guaranty (United Auto Group Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed guarantied by such Guarantor hereunder.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Westell Technologies Inc)

Right of Contribution. (a) Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder that has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders any Lender, and each Guarantor shall remain liable to the Trustee and the Holders such Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Equity Pledge Agreement (Motors Liquidation Co)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 13.05. The provisions of this Section 10.3 13.11 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders MLC, and each Guarantor shall remain liable to the Trustee and the Holders MLC for the full amount guaranteed by such Guarantor hereunderof the Guaranteed Obligations.

Appears in 1 contract

Samples: Supply and Offtake Agreement (Philadelphia Energy Solutions Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 9.09. The provisions of this Section 10.3 9.05 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Lender, and each Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount of the Obligations of the Borrower and each other Guarantor guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Bridge Loan Agreement (Ion Geophysical Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Issuer or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each 91 Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Indenture (Antero Resources Finance Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Issuer or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section ‎Section 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Indenture (Option Care Health, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such the other Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such other Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder who have has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 4 hereof. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each either Guarantor to the Trustee and the Holders Noteholders, and each Guarantor shall remain liable to the Trustee and the Holders Noteholders for the full amount guaranteed by such Guarantor the Guarantors hereunder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Westwood One Inc /De/)

Right of Contribution. Each Guarantor hereby agrees that to --------------------- the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Investor, and each Guarantor shall remain liable to the Trustee and the Holders Investor for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Assumption Agreement (Constellation 3d Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Company, or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 6(f) shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders Holder and each Guarantor shall remain liable to the Trustee and the Holders Holder for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Exchange and Settlement Agreement (FiscalNote Holdings, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 10.3 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Guaranteed Creditors, and each Guarantor shall remain liable to the Trustee and the Holders Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Credit Agreement (Legacy Reserves L P)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 10.3 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Investors, and each Guarantor shall remain liable to the Trustee and the Holders Investors for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guarantee (Chile Mining Technologies Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. The provisions of this Section 10.3 10.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee Administrative Agent and the Holders Lenders, and each Guarantor shall remain liable to the Trustee Administrative Agent and the Holders Lenders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Invitation Homes Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Security Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Security Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.. 2.3

Appears in 1 contract

Samples: Guaranty and Collateral Agreement

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Issuer or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 10.4 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee Trustee, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (MICROSTRATEGY Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteehereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor who have hereunder which has not paid their its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee and the Holders Secured Parties and each Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (HLTH Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any such Guarantor shall have paid more than its proportionate share of any payment made on the obligations under its Guaranteethe Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers Company or any other Guarantor who have has not paid their its proportionate share of such payment. The provisions of this Section 10.3 ‎Section 10.03 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee and the Holders and each Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.)

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