Common use of Contribution Among Guarantors Clause in Contracts

Contribution Among Guarantors. Each Guarantor, in addition to the subrogation rights it shall have against the Borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Guarantors in respect of any such payment pro rata among the same based on their respective net fair value as enterprises, provided any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Obligations (and such Guarantor’s obligations in respect thereof).

Appears in 13 contracts

Samples: Guaranty (Purple Innovation, Inc.), Subsidiary Guaranty (Kona Grill Inc), Guaranty (Preferred Apartment Communities Inc)

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Contribution Among Guarantors. Each Subsidiary Guarantor, in addition to the subrogation rights it shall have against the Borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Subsidiary Guarantors in respect of any such payment pro rata among the same based on their respective net fair value as enterprises, provided any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Obligations (and such Subsidiary Guarantor’s obligations in respect thereof).

Appears in 8 contracts

Samples: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)

Contribution Among Guarantors. Each Guarantor, in addition to the subrogation rights it shall have against the each Borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Guarantors in respect of any such payment pro rata among the same based on their respective net fair value as enterprises, provided any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Loan Obligations (and such Guarantor’s obligations in respect thereof).

Appears in 3 contracts

Samples: Term Loan Agreement (Vantage Drilling CO), Second Term Loan Agreement (Vantage Drilling CO), Term Loan Agreement (Vantage Drilling CO)

Contribution Among Guarantors. Each Guarantor, in addition to the subrogation rights it shall have against the Borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Guarantors in respect of any such payment pro rata among the same based on their respective net fair value as enterprises, provided any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Obligations (and such Guarantor’s 's obligations in respect thereof).

Appears in 2 contracts

Samples: Loan Agreement (Evans Bob Farms Inc), Guaranty of Payment (Evans Bob Farms Inc)

Contribution Among Guarantors. Each Guarantor, in addition to the subrogation rights it shall have against the Borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Guarantors in respect of any such payment pro rata PRO RATA among the same based on their respective net fair value as enterprises, provided PROVIDED any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Obligations (and such Guarantor’s 's obligations in respect thereof).

Appears in 1 contract

Samples: Credit Agreement (Fca of Ohio Inc)

Contribution Among Guarantors. Each Guarantor, in addition to the subrogation rights it shall have against the Borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Guarantors in respect of any such payment pro rata among the same based on their respective net fair value as enterprises, provided any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Obligations (and such Guarantor’s obligations in respect thereof).have

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

Contribution Among Guarantors. Each Guarantor, in addition to the subrogation rights it shall have against the Borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Guarantors in respect of any such payment pro rata among the same based on their respective net fair value as enterprises, provided any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Obligations (and such Guarantor’s obligations in respect thereof).

Appears in 1 contract

Samples: Credit Agreement (InfrastruX Group, Inc.)

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Contribution Among Guarantors. Each Guarantor, in addition ----------------------------- to the subrogation rights it shall have against the Borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Guarantors in respect of any such payment pro rata among the same based on their respective net fair value as enterprises, provided any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Obligations (and such Guarantor’s 's obligations in respect thereof).

Appears in 1 contract

Samples: Guaranty of Payment (Dialysis Corp of America)

Contribution Among Guarantors. Each Guarantorguarantor, in addition to the subrogation rights it shall have against the Borrower borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Guarantors guarantors in respect of any such payment pro rata among the same based on their respective net fair value as enterprises, provided any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Obligations guaranteed obligations (and such Guarantorguarantor’s obligations in respect thereof).

Appears in 1 contract

Samples: Credit Agreement (Preferred Apartment Communities Inc)

Contribution Among Guarantors. Each Guarantor, in addition to the subrogation rights it shall have against the Borrower under applicable law as a result of any payment it makes hereunder, shall also have a right of contribution against all other Guarantors in respect of any such payment pro rata among the same based on their respective net fair value as enterprises, provided any such right of contribution shall be subject and subordinate to the prior payment in full of the Guaranteed Obligations (and such Guarantor’s 's obligations in respect thereof).

Appears in 1 contract

Samples: Guaranty of Payment (Steris Corp)

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