Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 55 contracts
Samples: Guarantee Agreement (Synopsys Inc), Credit Agreement (NuStar Energy L.P.), Guaranty and Collateral Agreement (Digerati Technologies, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 48 contracts
Samples: Indenture (Avis Budget Group, Inc.), Intercreditor Agreement (Carvana Co.), Indenture (Avis Budget Group, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 43 contracts
Samples: Guarantee Agreement (M I Homes Inc), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 37 contracts
Samples: Surgery Center (Surgery Partners, Inc.), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32.03. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersGuaranteed Creditors, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 25 contracts
Samples: Guaranty and Pledge Agreement (APEG Energy II, LP), Assumption Agreement (Hornbeck Offshore Services Inc /La), Assumption Agreement (Hornbeck Offshore Services Inc /La)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 21 contracts
Samples: Indenture (Avis Budget Group, Inc.), Indenture (Ladder Capital Corp), Indenture (Trinseo S.A.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 20 contracts
Samples: Credit Agreement (Bear Island Finance Co Ii), Credit Agreement (Bear Island Finance Co Ii), Credit Agreement (Aol Time Warner Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.36 hereof. The provisions of this Section 2.2 4 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for other Secured Parties up to the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 19 contracts
Samples: Guarantee (RBC Bearings INC), Intercreditor Agreement (Canada Goose Holdings Inc.), Guarantee (PRA Health Sciences, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 17 contracts
Samples: Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Diversey Holdings, Ltd.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 17 contracts
Samples: Credit Agreement (Minerva Surgical Inc), Guarantee Agreement (Evolent Health, Inc.), Guaranty and Security Agreement (Hornbeck Offshore Services Inc /La)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 17 contracts
Samples: Credit Agreement (Revlon Consumer Products Corp), Guarantee and Collateral Agreement (Revlon Consumer Products Corp), Term Loan Guarantee and Collateral Agreement (Revlon Inc /De/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 16 contracts
Samples: Churchill Downs Incorporated (Churchill Downs Inc), Indenture (F&G Annuities & Life, Inc.), Supplemental Indenture (IAA Spinco Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company, or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 11.04 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 13 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Security Agreement (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.07. The provisions of this Section 2.2 10.06 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 13 contracts
Samples: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed guarantied by such Guarantor hereunder.
Appears in 13 contracts
Samples: Guaranty and Collateral Agreement (Sei Investments Co), Guaranty and Collateral Agreement (Kanbay International Inc), Guaranty and Collateral Agreement (Russ Berrie & Co Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any such Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which has who have not paid its their proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 12 contracts
Samples: Indenture (Allison Transmission Holdings Inc), Supplemental Indenture (Axalta Coating Systems Ltd.), Supplemental Indenture (Axalta Coating Systems Ltd.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 11 contracts
Samples: Credit Agreement (Iac/Interactivecorp), Credit Agreement (Iac/Interactivecorp), Credit Agreement (Match Group, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.33.3. The provisions of this Section 2.2 3.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 11 contracts
Samples: Credit Agreement (Scotts Miracle-Gro Co), Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Guarantee and Collateral Agreement (Scotts Miracle-Gro Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 11 contracts
Samples: Indenture (Pactiv Evergreen Inc.), Indenture (Pactiv Evergreen Inc.), Indenture (Restaurant Brands International Limited Partnership)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Guaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Guaranteed Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 10 contracts
Samples: Guaranty (NXP Semiconductors N.V.), Credit Agreement (NXP Semiconductors N.V.), Credit Agreement (NXP Semiconductors N.V.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 10 contracts
Samples: First Lien Credit Agreement (Option Care Health, Inc.), Intercreditor Agreement (Option Care Health, Inc.), First Lien Credit Agreement (Option Care Health, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 10 contracts
Samples: Credit Agreement (RR Donnelley & Sons Co), Restatement Agreement (Constellation Brands, Inc.), Project Financing Agreement (Constellation Brands, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.4. The provisions of this Section 2.2 10.9 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 9 contracts
Samples: Credit and Guaranty Agreement (Informatica Inc.), Joinder Agreement (Informatica Inc.), Restatement Agreement (LEGALZOOM.COM, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor Loan Party to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Lender Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 9 contracts
Samples: Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Mylan N.V.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for other Secured Parties up to the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 9 contracts
Samples: Collateral Agreement (Laureate Education, Inc.), Collateral Agreement (Laureate Education, Inc.), Guarantee (Laureate Education, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 9 contracts
Samples: Guarantee Agreement (On Semiconductor Corp), Guaranty (Medpace Holdings, Inc.), Security Agreement (Cable One, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Central European Media Enterprises LTD), Credit Agreement (Central European Media Enterprises LTD), Credit Agreement (Central European Media Enterprises LTD)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any such Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Indenture (Zekelman Industries, Inc.), Cedar I Merger (CommScope Holding Company, Inc.), Cedar I Merger (CommScope Holding Company, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.34 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, Beneficiaries and each Guarantor shall remain liable to the Administrative Agent and the Lenders Beneficiaries for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Guarantee (Kindercare Learning Centers Inc /De), Guarantee (Hanover Compressor Co), Guarantee (Hanover Compressor Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Term Loan Credit Agreement (Internap Corp), Senior Secured Term Loan Credit Agreement (Internap Corp), Credit Agreement (Internap Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 7 contracts
Samples: Credit Agreement, Credit Agreement (Kennametal Inc), Credit Agreement (MSC Industrial Direct Co Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement (Telex Communications Inc), Credit Agreement (Avis Rent a Car Inc), Guarantee and Collateral Agreement (Cole National Corp /De/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Assumption Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Imperial Holly Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Trustee, the Collateral Agent and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Trustee, the Collateral Agent and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Third Lien Intercreditor Agreement (Frontier Communications Parent, Inc.), Initial Agreement (Frontier Communications Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.315.4 hereof. The provisions of this Section 2.2 15.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Possession Credit Agreement (Intelsat S.A.), 3 and Waiver (Intelsat S.A.), Credit Agreement (Intelsat S.A.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Security Agreement (Rockwood Holdings, Inc.), Guarantee (Rockwood Holdings, Inc.), Security Agreement (Rockwood Specialties Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Subordinated Guarantee Agent and the LendersCredit Parties, and each Guarantor shall remain liable to the Administrative Subordinated Guarantee Agent and the Lenders Credit Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Loan Agreement (Supermedia Inc.), Credit Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Biotricity Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor Loan Party to the Administrative Agent and the LendersLender Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Lender Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc), Term Loan Credit Agreement (Viatris Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Credit Agreement (TiVo Corp), Credit Agreement (Rovi Corp), Credit Agreement (Rovi Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.), Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.), Guarantee and Collateral Agreement (Joe's Jeans Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which that has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Security Agreement (MultiPlan Corp), Junior Priority Intercreditor Agreement (MultiPlan Corp), Term Loan Guarantee (Goodman Sales CO)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp), Credit Agreement (YRC Worldwide Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Macquarie Infrastructure CO LLC), Credit Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor (other than Holdings) shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.31(c). The provisions of this Section 2.2 1(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Eastman Kodak Co), Guarantee and Collateral Agreement (Eastman Kodak Co), Guarantee and Collateral Agreement (Eastman Kodak Co)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or in respect of the Guaranteed Obligations, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right The provisions of contribution this Section 13 shall be subject to the terms and conditions of Section 2.312. The provisions of this Section 2.2 13 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersGuaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Guaranteed Parties for the full amount guaranteed by such Guarantor it hereunder.
Appears in 4 contracts
Samples: Security Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Bank(s), the Swing Line Lender and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank(s), the Swing Line Lender and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Abl Credit Agreement (Option Care Health, Inc.), Abl Credit Agreement (Option Care Health, Inc.), Abl Credit Agreement (Option Care Health, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.09 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Banks and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Banks and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Bank and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Revel AC, Inc.), Credit and Security Agreement (Five Star Quality Care Inc), Credit Agreement (EPL Intermediate, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Engility Holdings, Inc.), Second Lien Guarantee and Collateral Agreement (Engility Holdings, Inc.), First Lien Guarantee and Collateral Agreement (Engility Holdings, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3Paragraph 5 hereof. The provisions of this Section 2.2 Paragraph 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Gulfterra Energy Partners L P), Term Loan Agreement (Gulfstream Aerospace Corp), Pledge Agreement (Essex Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Triumph Group Inc), Guarantee and Collateral Agreement (Omniamerica Inc), Guarantee and Collateral Agreement (WTNH Broadcasting Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.02. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (AST SpaceMobile, Inc.), Guarantee and Collateral Agreement (Eos Energy Enterprises, Inc.), Patent Security Agreement (Soundhound Ai, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (NBC Acquisition Corp), Guarantee and Collateral Agreement (NBC Acquisition Corp), Guarantee and Collateral Agreement (Nebraska Book Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.39.4. The provisions of this Section 2.2 9.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, and the Lenders, Lenders and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Term Loan and Bridge Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan Agreement (Gevo, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Uk Guarantee (Rockwood Specialties Group Inc), Guarantee (Rockwood Specialties Group Inc), Rockwood Specialties Group Inc
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor hereunder to the Administrative Agent Agent, for itself and for the ratable benefit of the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, for itself and for the Lenders ratable benefit of the Lenders, for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guaranty and Collateral Agreement (Furmanite Corp), Guaranty and Collateral Agreement (Furmanite Corp), Credit Agreement (Furmanite Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Lexmark International Group Inc), Credit Agreement (Core Mark International Inc), Credit and Guarantee Agreement (Young & Rubicam Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder. Additional Guarantor Waivers and Agreements .
Appears in 3 contracts
Samples: Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.04. The provisions of this Section 2.2 4.08 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (International Paper Co /New/), Year Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32.4. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Collateral Agreement (Roan Resources, Inc.), Credit Agreement (Chesapeake Energy Corp), Credit Agreement (California Resources Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain jointly and severally liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Parent Guarantee Agreement (L 3 Communications Corp), Subsidiary Guarantee Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Security Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Security Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Convertible Loan Agreement (Sony Corp), Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Time Warner Inc/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Senior Unsecured Credit Agreement (Intelsat LTD), Guarantee (Intelsat S.A.), Guarantee (Intelsat S.A.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32(e). The provisions of this Section 2.2 2(j) shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Security Agreement (School Specialty Inc), Guarantee and Collateral Agreement (School Specialty Inc), Guarantee and Collateral Agreement (School Specialty Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (TBC Corp), Credit Agreement (TBC Corp), Guarantee and Collateral Agreement (TBC Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Bank, the Guarantee Bank and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank, the Guarantee Bank and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or under the other Indenture Documents, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.33.6. The provisions of this Section 2.2 4.14 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Johnstone Tank Trucking Ltd., Johnstone Tank Trucking Ltd.
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (YRC Worldwide Inc.), Tranche B Term Loan Credit Agreement (YRC Worldwide Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s Guarantor‟s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Collateral Agent, the Trustee and the LendersHolders, and each Guarantor shall remain liable to the Administrative Agent Collateral Agent, the Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Kinder Morgan Holdco LLC), Pledge Agreement (Kinder Morgan Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Guaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Guaranteed Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Subsidiary Guaranty (USA Synthetic Fuel Corp), Subsidiary Guaranty (USA Synthetic Fuel Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.02. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (MorningStar Partners, L.P.), Guaranty and Collateral Agreement (EV Energy Partners, LP)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee (Recoton Corp), Credit Agreement (Recoton Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each GuarantorGuarantor ’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Guaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for other Guaranteed Parties up to the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 2 contracts
Samples: Senior Unsecured (First Data Corp), First Data Corp
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32.5. The provisions of this Section 2.2 2.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunderof the Guaranteed Obligations.
Appears in 2 contracts
Samples: Intercreditor Agreement (Philadelphia Energy Solutions Inc.), Credit Agreement (Philadelphia Energy Solutions Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Pdi Inc), Guarantee and Collateral Agreement (Multiband Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.4. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Subordination and Intercreditor Agreement (Volta Inc.), Term Loan, Guarantee and Security Agreement (Volta Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.. 2.3
Appears in 2 contracts
Samples: Intercreditor Agreement (Rent a Center Inc De), Execution Version Guarantee and Collateral Agreement (Gartner Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Global Geophysical Services Inc), Second Lien Credit Agreement (Global Geophysical Services Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Kinetic Concepts Inc /Tx/), Credit Agreement (Carmike Cinemas Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Barton Protective Services LLC), Guarantee and Collateral Agreement (Us Office Products Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Superior Offshore International Inc.), Guarantee and Collateral Agreement (Superior Offshore International Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.05. The provisions of this Section 2.2 7.11 141 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Banks, the Swingline Lender and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Banks, the Swingline Lender and the Lenders for the full amount guaranteed by such Guarantor hereunderof the Guaranteed Obligations.
Appears in 2 contracts
Samples: Assignment and Assumption (Philadelphia Energy Solutions Inc.), Assignment and Assumption (Philadelphia Energy Solutions Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Trustee, the Notes Collateral Agent and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Trustee, the Notes Collateral Agent and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Passu Intercreditor Agreement (CPI Card Group Inc.), Moneygram International Inc
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (West Village Gym at the Archives LLC), And Collateral Agreement (Bally Total Fitness Holding Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Master Guarantee and Collateral Agreement (Key Energy Group Inc), Guarantee and Collateral Agreement (Grand Union Co /De/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement, Credit and Guarantee Agreement
Right of Contribution. Each Subject to Section 11.08, each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 11.09 shall in no respect limit the obligations and liabilities of any Guarantor to the Issuing Bank, the Administrative Agent Agent, the Arrangers and the Lenders, and each Guarantor shall remain liable to the Issuing Bank, the Administrative Agent Agent, the Arrangers and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Reimbursement and Credit Agreement (Cemex Sa De Cv), Assignment and Assumption Agreement (Cemex Sa De Cv)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Hagler Bailly Inc), Pledge Agreement (Hagler Bailly Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.3. The provisions of this Section 2.2 10.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative DIP Agent and the Lenders, and each Guarantor shall remain liable to the Administrative DIP Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Petition Credit Agreement (Pilgrims Pride Corp), Pilgrims Pride Corp
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Reimbursement Agreement (SPX Corp), Collateral Agreement (SPX Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersLenders and the Issuing Lender, and each Guarantor shall remain liable to the Administrative Agent and the Lenders and the Issuing Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Pledge Agreement (Denali Inc), Subsidiaries Guarantee (Unidigital Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.04. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Red Lion Hotels CORP), Security Agreement (Red Lion Hotels CORP)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3subsection 11.3. The provisions of this Section 2.2 subsection 11.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Sirva Inc), Credit and Guarantee Agreement
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.3. The provisions of this Section 2.2 10.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Lear Corp), Credit and Guarantee Agreement (Lear Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Tranche A Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Tranche A Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (PHH Corp), Credit Agreement (PHH Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Collateral Agent, the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Collateral Agent, the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Aspen Insurance Holdings LTD), Guarantee and Collateral Agreement (Aspen Insurance Holdings LTD)
