Calculation of Contribution. In the event that a court of competent jurisdiction in a final judgment determines that an Indemnifier is entitled to contribution from the Underwriter under the provisions of any statute or at law, the Indemnifier shall be limited to contribution in an amount not exceeding the lesser of:
(i) the portion of the full amount of the loss or liability giving rise to such contribution for which the Underwriter is responsible, as determined in subparagraph 11(a), and
(ii) the amount of the fee actually received by the Underwriter from the Corporation under this Agreement.
Calculation of Contribution. In order to provide for just and equitable contribution among the Guarantors in the event any Contribution is made by a Guarantor (a “Funding Guarantor”), such Funding Guarantor shall be entitled to a contribution from certain other Guarantors for all payments, damages and expenses incurred by that Funding Guarantor in discharging any of the Guaranteed Obligations, in the manner and to the extent set forth in this Section 9. The amount of any Contribution under this Agreement shall be equal to the payment made by the Funding Guarantor to the Administrative Agent or any other beneficiary pursuant to this Agreement and shall be determined as of the date on which such payment is made.
Calculation of Contribution. In order to provide for just and equitable contribution among the Indemnitors in the event any Contribution is made by an Indemnitor (a “Funding Indemnitor”), such Funding Indemnitor shall be entitled to a contribution from certain other Indemnitors for all payments, damages and expenses incurred by that Funding Indemnitor in discharging any of the obligations under this Agreement (the “Obligations”), in the manner and to the extent set forth in this Section 15. The amount of any Contribution under this Agreement shall be equal to the payment made by the Funding Indemnitor to the Administrative Agent or any other beneficiary pursuant to this Agreement and shall be determined as of the date on which such payment is made.
Calculation of Contribution. If the Corporation may be held to be entitled to contribution from the Agent under the provisions of any statute or at law, the Corporation shall be limited to contribution in an amount not exceeding the lesser of:
(a) the portion of the full amount of the loss or liability giving rise to such contribution for which the Agent are responsible, as determined under clause 13(1); and
(b) the amount of the aggregate Agent’s Fee actually received by the Agent from the Corporation under this Agreement.
Calculation of Contribution. In the event that the Corporation may be held to be entitled to contribution from the Underwriters under the provisions of any statute or at law, the Corporation shall be limited to contribution in an amount not exceeding the lesser of:
(i) the portion of the full amount of the loss or liability giving rise to such contribution for which the Underwriters are responsible, as determined in Section 14(a); and
(ii) the amount of the Underwriters' Fee actually received by the Underwriters from the Corporation under this Agreement, and an Underwriter shall in no event be liable to contribute, individually, any amount in excess of such Underwriter's portion of the aggregate Underwriters' Fee actually received from the Corporation under this Agreement.
Calculation of Contribution. In the event that the Corporation may be held to be entitled to contribution from the Underwriters under the provisions of any statute or at law, the Corporation shall be limited to contribution in an amount not exceeding the lesser of:
(i) the portion of the full amount of the loss or liability giving rise to such contribution for which the Underwriters are responsible, as determined in paragraph 12(a); and
(ii) the amount of the aggregate fee actually received by the Underwriters from the Corporation under this Agreement.
Calculation of Contribution. In the event that an Indemnifier may be held to be entitled to contribution from the Underwriters under the provisions of any statute or at law, the Indemnifier shall be limited to contribution in an amount not exceeding the lesser of:
(i) the portion of the full amount of the loss or liability giving rise to such contribution for which the Underwriters are responsible, as determined in section 15(a), and
(ii) the amount of the Underwriting Fee actually received by the Underwriters under this Agreement, and an Underwriter shall in no event be liable to contribute any amount in excess of such Underwriter’s portion of the Underwriting Fee actually received under this Agreement.
Calculation of Contribution. In the event that the Company and the Selling Shareholders may be held to be entitled to contribution from the Underwriter under the provisions of any statute or at law, the Company or any or all of the Selling Shareholders shall be limited to contribution in an amount not exceeding the lesser of:
(i) the portion of the full amount of the loss or liability giving rise to such contribution for which the Underwriter is responsible, as determined in subparagraph 15(a) above; and
(ii) the amount of the aggregate fee actually received by the Underwriter from the Company and the Selling Shareholders under this Agreement.
Calculation of Contribution. In the event that the Company may be held to be entitled to contribution from the Agents under the provisions of any statute or at law, the Company shall be limited to contribution in an amount not exceeding the lesser of:
(a) the portion of the full amount of the loss or liability giving rise to such contribution for which the Agents are responsible, as determined in Section 10.3 or Section 10.4, as the case may be, and
(b) the amount of the Agents’ Fee actually received by the Agents from the Company under this Agreement, and an Agent shall in no event be liable to contribute any amount in excess of such Agent’s portion of the Agents’ Fee actually received under this Agreement.
Calculation of Contribution. In the event that the Relevant Indemnifiers may be held to be entitled to contribution from the Indemnified Parties under the provisions of the Civil Code of Québec, any statute or at law, the Relevant Indemnifiers shall be limited to contribution in an amount not exceeding the lesser of:
(i) the portion of the full amount of the loss or liability giving rise to such contribution for which the Indemnified Parties are responsible, as determined in Sections 18.1 or 18.2, as the case may be; and
(ii) the amount of the Underwriting Fee actually received by the Underwriter from the Selling Shareholder under this Agreement; and an Indemnified Party shall in no event be liable to contribute any amount in excess of such Indemnified Party’s portion of the Underwriting Fee actually received from the Selling Shareholder under this Agreement.
