Equitable Allocation. If as a result of any reorganization, recapitalization, or other corporate change in the Borrower or any of its Subsidiaries, or as a result of any amendment, waiver or modification of the terms and conditions of other Sections of this Agreement or the Obligations, or for any other reason, the contributions under this Section 15 become inequitable as among the Indemnitors, the Indemnitors shall promptly modify and amend this Section 15 to provide for an equitable allocation of contributions. Any of the foregoing modifications and amendments shall be in writing and signed by all Indemnitors.
Equitable Allocation. If as a result of any reorganization, recapitalization, or other corporate change in the Borrower or any of its Subsidiaries, or as a result of any amendment, waiver or modification of the terms and conditions of other Sections of this Agreement or the Guaranteed Obligations, or for any other reason, the contributions under this Section become inequitable as among the Guarantors, the Guarantors shall promptly modify and amend this Section to provide for an equitable allocation of contributions. Any of the foregoing modifications and amendments shall be in writing and signed by all Guarantors.
Equitable Allocation. If as a result of any reorganization, recapitalization, or other corporate change in the Company or any Affiliates or Subsidiaries thereof, or as a result of any amendment, waiver or modification of the terms and conditions governing the Credit Agreement or the Obligations, or for any other reason, the Contributions under this Agreement become inequitable, the parties hereto shall promptly modify and amend this Agreement to provide for an equitable allocation of the Contributions. Any of the foregoing modifications and amendments to this Agreement shall be in writing and signed by all parties hereto.
Equitable Allocation. If as a result of any reorganization, recapitalization or other corporate change in the Borrower or any of its Subsidiaries, or as a result of any amendment, waiver or modification of the terms and conditions governing the Guaranty Agreement or any of the Guaranteed Obligations, or for any other reason, the contributions under this Contribution Agreement become inequitable, the parties hereto shall promptly modify and amend this Contribution Agreement to provide for an equitable allocation of contributions. All such modifications and amendments shall be in writing and signed by all parties hereto.
Equitable Allocation. If as a result of any reorganization, recapitalization, or other corporate change any Obligor, or as a result of any amendment, waiver or modification of the terms and conditions governing the Loan Documents or the Obligations, or for any other reason, the contributions under this Agreement become inequitable, then the parties hereto shall promptly modify and amend this Agreement to provide for an equitable allocation of the contributions. Any of the foregoing modifications and amendments shall be in writing and signed by all parties hereto.
Equitable Allocation. If, as a result of any reorganization, recapitalization or other organizational change in any of the Contributors, or as a result of any amendment, waiver or modification of the terms and conditions governing the Loan Obligations, or for any other reason, the contributions under this Contribution Agreement becomes inequitable, prior to the full repayment of the Loan the parties hereto shall, after first obtaining Lender’s written consent thereto, promptly modify and amend this Contribution Agreement to provide for an equitable allocation of contributions. Any of the foregoing modifications and amendments shall be in writing and signed by all parties hereto and acknowledged by Lender.
Equitable Allocation. If as a result of any reorganization, recapitalization or other corporate change in Borrower, or as a result of any amendment, waiver or modification of the terms and conditions governing the Guaranty or any of the Guaranteed Obligations, or for any other reason, the obligations under this Section 5 become inequitable, the parties hereto shall promptly modify and amend this Section 5 to provide for an equitable allocation of obligations. All such modifications and amendments shall be in writing and signed by all parties hereto.
Equitable Allocation. In the event any land, improvements, facilities, services or utilities surrounding, servicing or otherwise used in connection with the Real Property are a part of, provided from or service another property owned or operated by Landlord or vice versa, the costs incurred by Landlord in connection therewith shall be allocated to Direct Expenses by Landlord on a reasonably equitable basis.
Equitable Allocation. If as a result of any reorganization, recapitalization, or other corporate change any Guarantor, or as a result of any amendment, waiver or modification of the terms and conditions governing the Loan Documents or the Guaranteed Obligations, or for any other reason, the contributions under this Agreement become inequitable, then the parties hereto shall promptly modify and amend this Agreement to provide for an equitable allocation of the contributions. Any of the foregoing modifications and amendments shall be in writing and signed by all parties hereto.
Equitable Allocation. If due to any Force Majeure there is a limitation, generally, on the type or quantities of Products Seller is required to supply to Buyer at the Terminals under this Agreement, then Seller may implement a plan, formula or method to equitably allocate its available supply of Products among Buyer and Seller’s other unaffiliated customers; provided that any such plan, formula or method shall give priority to purchasers of Products under firm delivery contracts having a term of supply greater than one (1) year at the time such limitation is imposed. Such allocation shall not be deemed a breach of this Agreement, and during a period of supply limitation pursuant to this Section 4.5, Buyer may seek alternative sources of supply of the affected Product(s), but only for the volume of affected Products that Seller, in good faith, estimates it cannot supply. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT OF THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY SUBMITTED TO THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH THREE ASTERISKS (***).
