Common use of Contribution Among Guarantors Clause in Contracts

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Obligations, the ultimate responsibility for repayment of the Obligations, in the event that the Company fails to pay when due its Obligations, shall be equitably apportioned, to the extent consistent with the Loan Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company by the Lenders under the Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Obligations in excess of its proportionate share as set forth in this Section 10.10, each other Guarantor shall, to the extent consistent with the Loan Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Obligations. In the event of any default by any Guarantor under this Section 10.10, each other Guarantor will bear, to the extent consistent with the Loan Documents, its proportionate share of the defaulting Guarantor’s obligation under this Section 10.10. This Section 10.10 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Purchase Obligations, the ultimate responsibility for repayment of the Obligations, in the event that the Company fails to pay when due its Obligations, shall be equitably apportioned, to the extent consistent with the Loan Purchase Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions proceeds resulting from the sale of credit to the Notes by the Company by the Lenders under the this Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Obligations in excess of its proportionate share as set forth in this Section 10.10, 11.7 each other Guarantor shall, to the extent consistent with the Loan Purchase Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Obligations. In the event of any default by any Guarantor under this Section 10.10, 11.7 each other Guarantor will bear, to the extent consistent with the Loan Purchase Documents, its proportionate share of the defaulting Guarantor’s obligation under this Section 10.1011.7. This Section 10.10 11.7 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders any Noteholder under the Loan Purchase Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Obligations, the ultimate responsibility for repayment of the Obligations, in the event that the Company Issuer fails to pay when due its Obligations, shall be equitably apportioned, to the extent consistent with the Loan Note Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions proceeds resulting from the sale of credit to the Company Notes by the Lenders Issuer under the this Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Obligations in excess of its proportionate share as set forth in this Section 10.10, 15.9 each other Guarantor shall, to the extent consistent with the Loan Note Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Obligations. In the event of any default by any Guarantor under this Section 10.10, 15.9 each other Guarantor will bear, to the extent consistent with the Loan Note Documents, its proportionate share of the defaulting Guarantor’s obligation under this Section 10.1015.9. This Section 10.10 15.9 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders Agent or any Purchaser under the Loan Note Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Credit Obligations, the ultimate responsibility for repayment of the Credit Obligations, in the event that the Company Borrower fails to pay when due its Credit Obligations, shall be equitably apportioned, to the extent consistent with the Loan Credit Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company Borrower by the Lenders under the Credit Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Credit Obligations in excess of its proportionate share as set forth in this Section 10.102.10, each other Guarantor shall, to the extent consistent with the Loan Credit Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Credit Obligations. In the event of any default by any Guarantor under this Section 10.102.10, each other Guarantor will bear, to the extent consistent with the Loan Credit Documents, its proportionate share of the defaulting Guarantor’s 's obligation under this Section 10.102.10. This Section 10.10 2.10 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).the

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Credit Obligations, the ultimate responsibility for repayment of the Credit Obligations, in the event that the Company fails to pay when due its Credit Obligations, shall be equitably apportioned, to the extent consistent with the Loan Credit Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company by the Lenders under the Second Amended and Restated Credit Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Credit Obligations in excess of its proportionate share as set forth in this Section 10.102.10, each other Guarantor shall, to the extent consistent with the Loan Credit Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Credit Obligations. In the event of any default by any Guarantor under this Section 10.102.10, each other Guarantor will bear, to the extent consistent with the Loan Credit Documents, its proportionate share of the defaulting Guarantor’s 's obligation under this Section 10.102.10. This Section 10.10 2.10 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Credit Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Credit Obligations, the ultimate responsibility for repayment of the Credit Obligations, in the event that the Company fails to pay when due its Credit Obligations, shall be equitably apportioned, to the extent consistent with the Loan Credit Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company by the Lenders under the Amended and Restated Credit Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Credit Obligations in excess of its proportionate share as set forth in this Section 10.102.10, each other Guarantor shall, to the extent consistent with the Loan Credit Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Credit Obligations. In the event of any default by any Guarantor under this Section 10.102.10, each other Guarantor will bear, to the extent consistent with the Loan Credit Documents, its proportionate share of the defaulting Guarantor’s 's obligation under this Section 10.102.10. This Section 10.10 2.10 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Credit Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Credit Obligations, the ultimate responsibility for repayment of the Credit Obligations, in the event that the Company fails to pay when due its Credit Obligations, shall be equitably apportioned, to the extent consistent with the Loan Credit Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company by the Lenders under the Credit Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Credit Obligations in excess of its proportionate share as set forth in this Section 10.102.10, each other Guarantor shall, to the extent consistent with the Loan Credit Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Credit Obligations. In the event of any default by any Guarantor under this Section 10.102.10, each other Guarantor will bear, to the extent consistent with the Loan Credit Documents, its proportionate share of the defaulting Guarantor’s 's obligation under this Section 10.102.10. This Section 10.10 2.10 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Credit Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their 132 60358086_160358086_13 capacity as guarantors of the Obligations, the ultimate responsibility for repayment of the Obligations, in the event that the Company Issuer fails to pay when due its Obligations, shall be equitably apportioned, to the extent consistent with the Loan Note Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions proceeds resulting from the sale of credit to the Company Notes by the Lenders Issuer under the this Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Obligations in excess of its proportionate share as set forth in this Section 10.10, 15.9 each other Guarantor shall, to the extent consistent with the Loan Note Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Obligations. In the event of any default by any Guarantor under this Section 10.10, 15.9 each other Guarantor will bear, to the extent consistent with the Loan Note Documents, its proportionate share of the defaulting Guarantor’s obligation under this Section 10.1015.9. This Section 10.10 15.9 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders Agent or any Purchaser under the Loan Note Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors Borrower and each Subsidiary agree that, as among themselves in their capacity as guarantors of the Secured Obligations, the ultimate responsibility for repayment of the Secured Obligations, in the event that the Company Borrower fails to pay when due its Secured Obligations, shall be equitably apportioned, to the extent consistent with the Loan Documents, apportioned among the respective Guarantors Borrower and each Subsidiary (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company Borrower by the Lenders Lender under the AgreementDebenture, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected GuarantorsBorrower and each Subsidiary, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor party becomes party hereto). In the event that any GuarantorBorrower or a Subsidiary, in its capacity as a guarantor, pays an amount with respect to the Secured Obligations in excess of its proportionate share as set forth in this Section 10.105.10, Borrower or each other Guarantor Subsidiary, as the case may be, shall, to the extent consistent with the Loan DocumentsDebenture, make a contribution payment to such Guarantor party in an amount such that the aggregate amount paid by Borrower and each Guarantor Subsidiary reflects its proportionate share of the Secured Obligations. In the event of any default by any Guarantor Borrower or Subsidiary under this Section 10.105.10, Borrower and each other Guarantor Subsidiary, as the case may be, will bear, to the extent consistent with the Loan DocumentsDebenture, its proportionate share of the defaulting Guarantor’s party's obligation under this Section 10.105.10. This Section 10.10 5.10 is intended to set forth only the rights and obligations of the Guarantors Borrower and each Subsidiary among themselves and shall not in any way affect the obligations of any Guarantor Borrower and each Subsidiary to the Lenders Lender under the Loan Documents Debenture or this Agreement (which obligations shall at all times constitute the joint and several obligations of all the GuarantorsBorrower and each Subsidiary).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Note Obligations, the ultimate responsibility for repayment of the Note Obligations, in the event that the Company Issuers fails to pay when due its Note Obligations, shall be equitably apportioned, to the extent consistent with the Loan Securities Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions proceeds resulting from the sale of credit to the Company Notes by the Lenders Issuers under the this Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Note Obligations in excess of its proportionate share as set forth in this Section 10.10, 11.9 each other Guarantor shall, to the extent consistent with the Loan Securities Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Note Obligations. In the event of any default by any Guarantor under this Section 10.10, 11.9 each other Guarantor will bear, to the extent consistent with the Loan Securities Documents, its proportionate share of the defaulting Guarantor’s obligation under this Section 10.1011.9. This Section 10.10 11.9 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders any Noteholder under the Loan Securities Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Credit Obligations, the ultimate responsibility for repayment of the Credit Obligations, in the event that the Company fails to pay when due its Credit Obligations, shall be equitably apportioned, to the extent consistent with the Loan Credit Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company by the Lenders Purchasers under the Purchase Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Credit Obligations in excess of its proportionate share as set forth in this Section 10.102.10, each other Guarantor shall, to the extent consistent with the Loan Credit Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Credit Obligations. In the event of any default by any Guarantor under this Section 10.102.10, each other Guarantor will bear, to the extent consistent with the Loan Credit Documents, its proportionate share of the defaulting Guarantor’s 's obligation under this Section 10.102.10. This Section 10.10 2.10 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders Purchasers under the Loan Credit Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Credit Obligations, the ultimate responsibility for repayment of the Credit Obligations, in the event that the Company Borrower fails to pay when due its their Credit Obligations, shall be equitably apportioned, to the extent consistent with the Loan Credit Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited benefitted from the extensions of credit to the Company Borrower by the Lenders under the Credit Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Credit Obligations in excess of its proportionate share as set forth in this Section 10.106.9, each other Guarantor shall, to the extent consistent with the Loan Credit Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Credit Obligations. In the event of any default by any Guarantor under this Section 10.106.9, each other Guarantor will bear, to the extent consistent with the Loan Credit Documents, its proportionate share of the defaulting Guarantor’s obligation under this Section 10.106.9. This Section 10.10 6.9 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Credit Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Credit Obligations, the ultimate responsibility for repayment of the Credit Obligations, in the event that the Company Borrower fails to pay when due its their Credit Obligations, shall be equitably apportioned, to the extent consistent with the Loan Credit Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited benefitted from the extensions of credit to the Company Borrower by the Lenders under the Credit Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Credit Obligations in excess of its proportionate share as set forth in this Section 10.106.9, each other Guarantor shall, to the extent consistent with the Loan Credit Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Credit Obligations. In the event of any default by any Guarantor under this Section 10.106.9, each other Guarantor will bear, to the extent consistent with the Loan Credit Documents, its proportionate share of the defaulting Guarantor’s 's obligation under this Section 10.106.9. This Section 10.10 6.9 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Credit Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Obligations, the ultimate responsibility for repayment of the Obligations, in the event that the Company fails Borrowers fail to pay when due its the Obligations, shall be equitably apportioned, to the extent consistent with the Loan Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company Borrowers by the Lenders under the this Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Obligations in excess of its proportionate share as set forth in this Section 10.105.11, each other Guarantor shall, to the extent consistent with the Loan Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Obligations. In the event of any default by any Guarantor under this Section 10.105.11, each other Guarantor will bear, to the extent consistent with the Loan Documents, its proportionate share of the defaulting Guarantor’s 's obligation under this Section 10.105.11. This Section 10.10 5.11 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Credit Obligations, the ultimate responsibility for repayment of the Credit Obligations, in the event that the Company fails to pay when due its Credit Obligations, shall be equitably apportioned, to the extent consistent with the Loan Credit Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company by the Lenders under the Credit Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Credit Obligations in excess of its proportionate share as set forth in this Section 10.109.10, each other Guarantor shall, to the extent consistent with the Loan Credit Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Credit Obligations. In the event of any default by any Guarantor under this Section 10.109.10, each other Guarantor will bear, to the extent consistent with the Loan Credit Documents, its proportionate share of the defaulting Guarantor’s 's obligation under this Section 10.109.10. This Section 10.10 9.10 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Credit Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The In the Guaranty, executed on the date hereof, the Guarantors agree have agreed that, as among themselves in their capacity as guarantors of the Obligations, the ultimate responsibility for repayment of the Obligations, in the event that the Company Borrower fails to pay its Obligations when due its Obligationsdue, shall be equitably apportioned, to the extent consistent with the Loan Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company Borrower by the Lenders Lender under the this Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party heretothereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Obligations in excess of its proportionate share as set forth in this Section 10.1017 of the Guaranty, such Section 17 of the Guaranty requires each other Guarantor shallGuarantor, to the extent consistent with the Loan Documents, to make a contribution payment to such over-paying Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Obligations. In the event of any default by any Guarantor under this Section 10.1017 of the Guaranty, each other Guarantor will bear, to the extent consistent with the Loan Documents, its proportionate share of the defaulting Guarantor’s obligation under this Section 10.10such section. This Section 10.10 is intended to set forth describe only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders Lender under the Loan Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Credit Obligations, the ultimate responsibility for repayment of the Credit Obligations, in the event that the Company fails to pay when due its Credit Obligations, shall be equitably apportioned, to the extent consistent with the Loan Credit Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company by the Lenders under the Credit Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Credit Obligations in excess of its proportionate share as set forth in this Section 10.102.10, each other Guarantor shall, to the extent consistent with the Loan Credit Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Credit Obligations. In the event of any default by any Guarantor under this Section 10.102.9, each other Guarantor will bear, to the extent consistent with the Loan Credit Documents, its proportionate share of the defaulting Guarantor’s obligation under this Section 10.102.9. This Section 10.10 2.9 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Credit Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Note Obligations, the ultimate responsibility for repayment of the Note Obligations, in the event that the Company Note Issuer fails to pay when due its Note Obligations, shall be equitably apportioned, to the extent consistent with the Loan Securities Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions proceeds resulting from the sale of credit to the Company Notes by the Lenders Note Issuer under the this Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Note Obligations in excess of its proportionate share as set forth in this Section 10.10, 11.9 each other Guarantor shall, to the extent consistent with the Loan Securities Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Note Obligations. In the event of any default by any Guarantor under this Section 10.10, 11.9 each other Guarantor will bear, to the extent consistent with the Loan Securities Documents, its proportionate share of the defaulting Guarantor’s obligation under this Section 10.1011.9. This Section 10.10 11.9 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders any Noteholder under the Loan Securities Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).

Contribution Among Guarantors. The Guarantors agree that, as among themselves in their capacity as guarantors of the Obligations, the ultimate responsibility for repayment of the Obligations, in the event that the Company fails Borrowers fail to pay when due its the Obligations, shall be equitably apportioned, to the extent consistent with the Loan Documents, among the respective Guarantors (a) in the proportion that each, in its capacity as a guarantor, has benefited from the extensions of credit to the Company Borrowers by the Lenders under the this Agreement, or (b) if such equitable apportionment cannot reasonably be determined or agreed upon among the affected Guarantors, in proportion to their respective net worths determined on or about the date hereof (or such later date as such Guarantor becomes party hereto). In the event that any Guarantor, in its capacity as a guarantor, pays an amount with respect to the Obligations in excess of its proportionate share as set forth in this Section 10.105.12, each other Guarantor shall, to the extent consistent with the Loan Documents, make a contribution payment to such Guarantor in an amount such that the aggregate amount paid by each Guarantor reflects its proportionate share of the Obligations. In the event of any default by any Guarantor under this Section 10.105.12, each other Guarantor will bear, to the extent consistent with the Loan Documents, its proportionate share of the defaulting Guarantor’s 's obligation under this Section 10.105.12. This Section 10.10 5.12 is intended to set forth only the rights and obligations of the Guarantors among themselves and shall not in any way affect the obligations of any Guarantor to the Lenders under the Loan Documents (which obligations shall at all times constitute the joint and several obligations of all the Guarantors).