Common use of Right of Contribution Clause in Contracts

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on 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 who has not paid its proportionate share of such payment. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 7 contracts

Samples: Indenture (Accelerate Diagnostics, Inc), NanoString Technologies Inc, NanoString Technologies Inc

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Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 18.03 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Secured Creditors and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Creditors for the full amount guaranteed by such Guarantor hereunder.

Appears in 7 contracts

Samples: Joinder Agreement (Durata Therapeutics, Inc.), Guarantee and Collateral Agreement (PNG Ventures Inc), Control Agreement (PNG Ventures Inc)

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

Appears in 7 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder (including by way of set-off rights being exercised against it), such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 10.03. The provisions of this Section 18.03 10.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain jointly and severally liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 7 contracts

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

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

Appears in 7 contracts

Samples: ZoomInfo Technologies Inc., Ortho Clinical Diagnostics Holdings PLC, Ortho Clinical Diagnostics Holdings PLC

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 11.07. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 6 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteePurchasers, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchasers for the full amount guaranteed by such Guarantor hereunder.

Appears in 6 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 this Article X. The provisions of this Section 18.03 10.6 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 5 contracts

Samples: Indenture (Baytex Energy Corp.), Indenture (GFL Environmental Holdings Inc.), Indenture (GFL Environmental Holdings Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 18.03 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Purchaser and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 5 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Lenders, and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lenders for the full amount guaranteed by such Guarantor hereunder.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Polo Ralph Lauren Corp), And Collateral Agreement (American Coin Merchandising Inc), Guarantee and Collateral Agreement (Aftermarket Technology Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 17.7 hereof. The provisions of this Section 18.03 17.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

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

Right of Contribution. (a) Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder 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 2.3. The provisions of this Section 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeNoteholder, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Noteholder for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company Issuer or any other Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 18.03 12.03 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on hereunder, 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 who hereunder which has not paid its proportionate share of such payment. Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each the Guarantor to the TrusteePurchaser, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchaser for the full amount guaranteed by such the Guarantor hereunder.

Appears in 4 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteePurchaser, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeAdministrative Agent, the Collateral Agent Lenders and any of the Holders other Secured Parties, and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 4 contracts

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

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

Appears in 4 contracts

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

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 2.03. The provisions of this Section 18.03 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeHolder, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Holder for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 12.07. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeHolders, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 18.03 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Secured Parties and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 10.06. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall, to the extent applicable, have the rights with respect to such amounts set forth in the Indemnity, Subrogation and Contribution Agreement. Each Guarantor’s right of contribution shall be entitled subject to seek the terms and receive contribution from and against the Company or any other Guarantor who has not paid its proportionate share conditions of such paymentSection 4 hereof. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 6.03. The provisions of this Section 18.03 6.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 4.01. The provisions of this Section 18.03 2.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Holders, and each Guarantor shall remain liable for the Obligations up to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by maximum liability of such Guarantor hereunder.

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 10.07. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on 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 who has not paid its proportionate share of such payment. The provisions of this Section 18.03 6.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 3 contracts

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

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

Appears in 3 contracts

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

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on hereunder or in respect of the obligations under the Note GuaranteesObligations, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder which has not paid its proportionate share of such payment. The provisions of this Section 18.03 3 shall be subject to the terms and conditions of Section 5. The provisions of this Section 3 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor it hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Loan Guarantor hereby agrees that that, to the extent that any a Loan Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Loan Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Loan Guarantor who hereunder which has not paid its proportionate share of such payment. Each Loan Guarantor’s right of contribution shall be subject to the terms and conditions of Section 14.3. The provisions of this Section 18.03 14.2 shall in no respect limit the obligations and liabilities of each any Loan Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Loan Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Loan Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 8.04. The provisions of this Section 18.03 8.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLenders, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lenders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Loan Guarantor hereby agrees that to the extent that any a Loan Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Loan Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Loan Guarantor who hereunder which has not paid its proportionate share of such payment. Each Loan Guarantor's right of contribution shall be subject to the terms and conditions of Section 15.3. The provisions of this Section 18.03 15.2 shall in no respect limit the obligations and liabilities of each any Loan Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Loan Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Loan Guarantor hereunder.

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 6.03. The provisions of this Section 18.03 6.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 11.4. The provisions of this Section 18.03 11.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Lender and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteePurchaser, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Security Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee, the Collateral Agent Security Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.. 2.3

Appears in 2 contracts

Samples: Guaranty and Collateral Agreement, Guaranty and Collateral Agreement

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLenders, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lenders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 2.03. The provisions of this Section 18.03 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeGuaranteed Creditors, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 5 hereof. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeFund, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Fund for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunderany Guaranteed Party.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Administrative Agent and the Holders other Secured Persons, and each Guarantor shall remain liable for the Obligations up to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by maximum liability of such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 7.04. The provisions of this Section 18.03 7.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 4.01. The provisions of this Section 18.03 2.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Holders, and each Guarantor shall remain liable for the Obligations up to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by maximum liability of such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trusteeany Purchaser, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders each Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company Issuers or any other Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 18.03 10.03 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLenders, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lenders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

Samples: Assumption Agreement (Anc Rental Corp), Appliedtheory Corp

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on hereunder, 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 who hereunder which has not paid its proportionate share of such payment. Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each the Guarantor to the TrusteePurchasers, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchasers for the full amount guaranteed by such the Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Secured Parties and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 1.4 of this Guarantee. The provisions of this Section 18.03 1.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeHolders, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby Guarantor, by joining herein, agrees that to the extent that any a Guarantor shall have paid more than its proportionate share (based on the number of Guarantors) of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 14.3. The provisions of this Section 18.03 14.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeHolders, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall have the rights with respect to such amounts set forth in the Indemnity, Subrogation and Contribution Agreement. Each Guarantor's right of contribution shall be entitled subject to seek the terms and receive contribution from and against the Company or any other Guarantor who has not paid its proportionate share conditions of such paymentSection 4 hereof. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall (subject to Section 2(b)) remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the --------------------- extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

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Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder which has not paid its proportionate share of such payment, but only after the Obligations then due have been satisfied. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSubscribers, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Subscribers for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 2 contracts

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 hereof. The provisions of this Section 18.03 3 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Trustee and the Holders Holders, and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Pledge Agreement (Mounger Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any that makes a payment made on the obligations under the Note Guarantees shall be entitled, upon payment in full of all obligations under the Guarantees, to a contribution from each other Guarantor in an amount equal to such other Guarantor’s pro rata portion of such payment. The obligations of each Guarantor shall be entitled limited as necessary to seek and receive contribution prevent such Guarantee from and against the Company or any other Guarantor who has not paid its proportionate share of such paymentconstituting a fraudulent conveyance under applicable law. The provisions of this Section 18.03 10.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee, the Collateral Agent Trustee and the Holders Holders, and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Indenture (Cumulus Media Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Purchaser and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guarantee (Knobias, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder which has not paid at least its proportionate share of such payment. Each Guarantor's right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 18.03 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Secured Parties and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Control Agreement (Spanish Broadcasting System Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guarantees, such Guarantor shall be entitled entitled, upon payment in full of all Guaranteed Obligations under this Indenture, to seek and receive contribution from and against the Company Issuer or any each other Guarantor who has not paid its proportionate share of such payment in an amount equal to such other Guarantor’s pro rata portion of such payment based on the respective net assets of all the Guarantors at the time of such payment, as determined in accordance with GAAP. The provisions of this Section 18.03 11.3 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: CIFC Corp.

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Secured Credit Parties and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Credit Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Valassis Communications Inc)

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on hereunder or in respect of the obligations under the Note GuaranteesGuaranteed Obligations, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder which has not paid its proportionate share of such payment. The provisions of this Section 18.03 13 shall be subject to the terms and conditions of Section 12. The provisions of this Section 13 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor it hereunder.

Appears in 1 contract

Samples: Credit Agreement (ESH Hospitality, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Trustee and the Holders Secured Parties, and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Calpine Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or and any other Guarantor who hereunder 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 4.01 hereof. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteePurchaser, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchaser for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guaranty (Airship AI Holdings, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.. (c)

Appears in 1 contract

Samples: Subsidiary Guarantee (Continental Fuels, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 10.04. The provisions of this Section 18.03 10.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

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

Right of Contribution. Each Loan Guarantor hereby agrees that to the extent that any a Loan Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Loan Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Loan Guarantor who hereunder which has not paid its proportionate share of such payment. Each Loan Guarantor’s right of contribution shall be subject to the terms and conditions of Section 15.3. The provisions of this Section 18.03 15.2 shall in no respect limit the obligations and liabilities of each any Loan Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Loan Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Loan Guarantor hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Mattersight Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteePurchasers, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchasers for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Assumption Agreement (Viragen Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeCredit Secured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Credit Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 10.07. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: NHW Auburn LLC

Right of Contribution. Each Guarantor hereby agrees that to the extent that any the other Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such other Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 4 hereof. The provisions of this Section 18.03 shall in no respect limit the obligations and liabilities of each either Guarantor to the TrusteeNoteholders, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Noteholders for the full amount guaranteed by such Guarantor the Guarantors hereunder.

Appears in 1 contract

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder which has not paid its proportionate share of such payment. The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guarantee (Viscount Systems Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have has paid more than its proportionate share of any payment made on hereunder, the obligations under the Note Guarantees, such Guarantor shall will be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder which has not paid its proportionate share of such the payment. Each Guarantor’s right of contribution will be subject to the terms and conditions of Section 2.3. The provisions of this Section 18.03 shall 2.2 will in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall will remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such the Guarantor hereunder.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Electronic Cigarettes International Group, Ltd.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 9.09. The provisions of this Section 18.03 9.05 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount of the Obligations of the Borrower and each other Guarantor guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Bridge Loan Agreement (Ion Geophysical Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 13.05. The provisions of this Section 18.03 13.11 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeMLC, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders MLC for the full amount guaranteed by such Guarantor hereunderof the Guaranteed Obligations.

Appears in 1 contract

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

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 2.03. The provisions of this Section 18.03 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeHolder, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Holder for the full amount guaranteed by such Guarantor hereunder.. Section 2.03

Appears in 1 contract

Samples: Assumption Agreement         assumption Agreement (Digital Recorders Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 2.6. The provisions of this Section 18.03 2.8 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties and each holder of a Note, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Secured Parties and the Holders each holder of a Note for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guaranty (United Auto Group Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 2.03. The provisions of this Section 18.03 2.02. shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeGuaranteed Creditors, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guaranty and Collateral Agreement (Global Geophysical Services Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who hereunder 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 2.3. The provisions of this Section 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to any of the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to each of the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Acterna Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Virtus Investment Partners, Inc.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder 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 11.06. The provisions of this Section 18.03 shall in no respect limit the obligations Obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent Trustee and the Holders Securityholders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders Securityholders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Ero Marketing Inc

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company Issuer or any other Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 18.03 10.3 shall in no respect limit the obligations and liabilities of each 91 Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Indenture (Antero Resources Finance Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 1.4 of this Guarantee. The provisions of this Section 18.03 1.3 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteePurchasers, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchasers for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guarantee (Applied Digital Solutions Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who guarantor which has not paid its proportionate share of such payment. The provisions of this Section 18.03 10.2 shall in no respect limit the obligations and liabilities of each Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.. 10.3

Appears in 1 contract

Samples: Loan and Security Agreement (Applied Digital Corp.)

Right of Contribution. Each Guarantor hereby agrees that that, to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeLender, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Lender for the full amount guaranteed by such Guarantor hereunder.. (c)

Appears in 1 contract

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 6.03. The provisions of this Section 18.03 6.02 shall in no 50 respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Credit Agreement (TerrAscend Corp.)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 2.03. The provisions of this Section 18.03 2.02 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeGuaranteed Creditors, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Credit Agreement (Legacy Reserves L P)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 17.7 hereof. The provisions of this Section 18.03 17.10 shall in no respect limit the obligations and liabilities of each any Guarantor to the TrusteeSecured Parties, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder. 17.11.

Appears in 1 contract

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

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guaranteeshereunder, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor who 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 18.03 2.2 shall in no respect limit the obligations and liabilities of each any Guarantor to the Trustee, the Collateral Agent and the Holders Secured Parties and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (HLTH Corp)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any Guarantor shall have paid more than its proportionate share of any payment made on 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 who has not paid its proportionate share of such payment. The provisions of this Section 18.03 ‎Section 10.03 shall in no respect limit the obligations and liabilities of each Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.)

Right of Contribution. Each The Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Note Guarantees, such the Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor (including the Guarantor) who has not paid its proportionate share of such payment. The provisions of this Section 18.03 2.3 shall in no respect limit the obligations and liabilities of each the Guarantor to the Trustee, the Collateral Agent Trustee and the Holders and each the Guarantor shall remain liable to the Trustee, Trustee and the Collateral Agent and Holders for the full amount guaranteed by the Guarantor hereunder shall remain liable to the Holders for the full amount guaranteed by such Guarantor hereunder.

Appears in 1 contract

Samples: Indenture (Mq Associates Inc)

Right of Contribution. Each Guarantor hereby agrees that to the extent that any a Guarantor shall have paid more than its proportionate share of any payment made on hereunder, 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 who hereunder which has not paid its proportionate share of such payment. Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2(c). The provisions of this Section 18.03 2(b) shall in no respect limit the obligations and liabilities of each the Guarantor to the TrusteePurchasers, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Trustee, the Collateral Agent and the Holders Purchasers for the full amount guaranteed by such the Guarantor hereunder.

Appears in 1 contract

Samples: Subsidiary Guarantee (LOCAL Corp)

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