Common use of Subrogation and Contribution Clause in Contracts

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 62 contracts

Samples: Indenture (Enova International, Inc.), Supplemental Indenture (UWM Holdings Corp), Indenture (UWM Holdings Corp)

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Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company Issuer under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company Issuer with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company Issuer hereunder or under the Notes remains unpaid.

Appears in 21 contracts

Samples: Indenture (Mr. Cooper Group Inc.), Indenture (Seadrill LTD), Supplemental Indenture (Energizer Holdings, Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation; provided, provided however, that the Guarantor may shall not enforce either be entitled to enforce, or to receive any payments arising out of or based upon, such right of subrogationsubrogation until the principal of (and premium, or any right to receive payment if any) and interest on all Securities of the relevant series shall have been paid in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaidfull.

Appears in 15 contracts

Samples: Vale Overseas LTD, Vale Overseas LTD, Embraer S.A.

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, ; provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 13 contracts

Samples: Supplemental Indenture (Consensus Cloud Solutions, Inc.), Supplemental Indenture (Consensus Cloud Solutions, Inc.), Indenture (J2 Global, Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Subsidiary Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Subsidiary Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Subsidiary Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 11 contracts

Samples: Indenture, Indenture (PDC Energy, Inc.), Indenture (PDC Energy, Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder hereunder, or under the Notes remains unpaid.

Appears in 6 contracts

Samples: Intercreditor Agreement (Century Aluminum Co), Intercreditor Agreement (Century Aluminum Co), Collateral Agency Agreement (Century Aluminum Co)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 10, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 5 contracts

Samples: Indenture (Dupont Fabros Technology, Inc.), Supplemental Indenture (NFC Castings Inc), Indenture (Tarantula Ventures LLC)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, Article the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 5 contracts

Samples: Indenture (SB/RH Holdings, LLC), Supplemental Indenture (SB/RH Holdings, LLC), Supplemental Indenture (SB/RH Holdings, LLC)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 13, the Guarantor making such payment will shall be subrogated to the rights of the payee against the Company with respect to such obligation, ; provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 5 contracts

Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Subscription Agreement (GigCapital4, Inc.), Supplemental Indenture (TripAdvisor, Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 11, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 4 contracts

Samples: Intercreditor Agreement (Sandridge Energy Inc), Supplemental Indenture (Foster Wheeler Inc), Supplemental Indenture (Foster Wheeler Inc)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 2, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other GuarantorPerson who guarantees the Notes, with respect to such payment so long as any amount payable by the Company hereunder or under the each series of Notes remains unpaid.

Appears in 3 contracts

Samples: Indenture (Genworth Financial Inc), Genworth Holdings, Inc., Genworth Financial Inc

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 10, the any Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other GuarantorPerson who guarantees the Securities, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes Securities remains unpaid.

Appears in 3 contracts

Samples: Trinity Industries Inc, Trinity Parts & Components, LLC, Verisk Analytics, Inc.

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleSection 2, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 3 contracts

Samples: Supplemental Indenture (PHH Corp), Supplemental Indenture (PHH Corp), Indenture (PHH Corp)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 8, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, ; provided that the such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment payment, so long as any amount payable by the Company hereunder or under the Notes Securities remains unpaid.

Appears in 2 contracts

Samples: Indenture (Evergreen Solar Inc), Supplemental Indenture (Evergreen Solar Inc)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 11, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Indenture (Sabre Corp), Indenture (Sabre Corp)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleGuarantee, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, ; provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other GuarantorGuarantor , with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Xinyuan Real Estate Co., Ltd.), Guarantee (Xinyuan Real Estate Co., Ltd.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Articleclause 2, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided ; PROVIDED that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, if any, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Supplemental Indenture (JBS USA Holdings, Inc.), Second Supplemental Indenture (JBS USA Holdings, Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 13, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Indenture (Sandridge Energy Inc), Indenture (Integra Energy, L.L.C.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 11, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, ; provided that the such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment payment, so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Supplemental Indenture (Eastman Kodak Co), Supplemental Indenture (Eastman Kodak Co)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Indenture (Ak Steel Holding Corp), Supplemental Indenture (Ak Steel Corp)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 6, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other GuarantorPerson who guarantees the Notes, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Genworth Financial Inc, Genworth Financial Inc

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Successor Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Successor Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Navient Corp, Navient Corp

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Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will shall be subrogated to the rights of the payee against the Company with respect to such obligation, ; provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Supplemental Indenture (Cosan Ltd.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this ArticleArticle 11, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, subrogation or any right to receive payment in the nature of contribution, contribution or otherwise, otherwise from any other Guarantor, Guarantor with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (Playboy Enterprises Inc)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, ; provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.. Exh. 2.3-57

Appears in 1 contract

Samples: Indenture (Tam S.A.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes of any series remains unpaid.

Appears in 1 contract

Samples: Roadway Corp

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.. 91

Appears in 1 contract

Samples: Supplemental Indenture (Sandridge Energy Inc)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Navient Corp

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (Airtran Airways Inc)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Articlethe Note Guarantee, the Subsidiary Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, ; provided that the such Subsidiary Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Subsidiary Guarantor, if any, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Adecoagro S.A.

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation; PROVIDED, provided HOWEVER, that the Guarantor may shall not enforce either be entitled to enforce, or to receive any payments arising out of or based upon, such right of subrogationsubrogation until the principal of (and premium, or any right to receive payment if any) and interest on all Securities of the relevant series shall have been paid in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaidfull.

Appears in 1 contract

Samples: Vale Overseas LTD

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Articlehereunder, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, contribution or otherwise, otherwise from any other Guarantorguarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes Guaranteed Obligation remains unpaid.

Appears in 1 contract

Samples: Supplemental Indenture (Western Union CO)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Subsidiary Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Subsidiary Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Subsidiary Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes Obligations remains unpaid.

Appears in 1 contract

Samples: Supplemental Indenture (Rex Energy Corp)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, each of the Guarantor making such payment will Guarantors shall be subrogated to the rights of the payee against the Company with respect to such obligation; provided, provided however, that each of the Guarantor may Guarantors shall, to the extent permitted by applicable law, not enforce either be entitled to enforce, or to receive any payments arising out of or based upon, such right of subrogation, or any right to receive subrogation until payment in full of the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaidObligations.

Appears in 1 contract

Samples: siteempresas.bovespa.com.br

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, Article the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, ; provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (SB/RH Holdings, LLC)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Company under this Article, the Guarantor making such payment will be subrogated to the rights of the payee against the Company with respect to such obligation, provided that the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Company hereunder hereunder, under the Security Documents or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (Century Aluminum Co)

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