Common use of Contribution and Subrogation Clause in Contracts

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.3) that, in the event a payment shall be made by any other Guarantor under this Agreement and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the Borrowers, as provided in Section 4.1, such Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such Contributing Guarantor on the date it became a party hereto and the denominator shall be the aggregate net worth of all Guarantors on such date. Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 to the extent of such payment.

Appears in 2 contracts

Samples: Credit Agreement (Cgi Group Inc), Credit Agreement (Cgi Group Inc)

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Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.36.03) that, in the event a payment shall be made by any other Guarantor under this Agreement and such other Guarantor hereunder in respect of any Obligation (the “Claiming Guarantor”) shall not have been fully indemnified by the Borrowers, Indemnifying Loan Party as provided in Section 4.16.01, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantorpayment, in each case multiplied by a fraction of which the numerator shall be the net worth of such Contributing Guarantor on the date it became a party hereto of such payment and the denominator shall be the aggregate net worth of all the Guarantors on the date of such datepayment. Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 6.02 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 6.01 to the extent of such payment.

Appears in 2 contracts

Samples: Guaranty Agreement (Frank's International N.V.), Guaranty Agreement (Frank's International N.V.)

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.34.2) that, in the event a payment shall be made by any other Guarantor under Section 4 of this Loan Agreement and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the Borrowers, Borrower as provided in Section 4.14.6, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 7.10, the date of the Joinder Agreement executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 4.7 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 4.6 to the extent of such payment.

Appears in 1 contract

Samples: Loan Agreement (National Instruments Corp /De/)

Contribution and Subrogation. Each Guarantor (a "Contributing Guarantor") agrees (subject to Section 4.317.2) that, in the event a payment shall be made by any other Guarantor under this Agreement and such other Guarantor Guaranty (the "Claiming Guarantor”) shall not have been fully indemnified by "), the Borrowers, as provided in Section 4.1, such Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, in each case multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 18, the date of the Supplement hereto executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 17.1 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 to the extent of such paymentGuarantor.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ems Technologies Inc)

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.33.03) that, in the event a payment shall be made by any other Guarantor under this Agreement hereunder in respect of any Obligation, and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the BorrowersBorrower, as provided in Section 4.1, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 7.16, the date of the supplement hereto executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 3.02 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 3.01 to the extent of such payment.

Appears in 1 contract

Samples: Bridge Loan Agreement (William Lyon Homes)

Contribution and Subrogation. Each Guarantor (a "Contributing Guarantor") agrees (subject to Section 4.3) that, in the event a payment shall be made by any other Guarantor under this Agreement and such other Guarantor (the "Claiming Guarantor") shall not have been fully indemnified by the Borrowers, as provided in Section 4.1, such Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such Contributing Guarantor on the date it became a party hereto and the denominator shall be the aggregate net worth of all Guarantors on such date. Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 to the extent of such payment.

Appears in 1 contract

Samples: Guarantee and Subordination Agreement

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Contribution and Subrogation. Each Guarantor (a "Contributing Guarantor") agrees (subject to Section 4.34.2) that, in the event a payment shall be made by any other Guarantor under Section 4 of this Loan Agreement and such other Guarantor (the "Claiming Guarantor") shall not have been fully indemnified by the Borrowers, Borrower as provided in Section 4.14.6, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 7.10, the date of the Joinder Agreement executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 4.7 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 4.6 to the extent of such payment.

Appears in 1 contract

Samples: Loan Agreement (National Instruments Corp)

Contribution and Subrogation. Each Guarantor (a "Contributing Guarantor") agrees (subject to Section 4.36.03) that, in the event a payment shall be made by any other Guarantor under this Agreement hereunder in respect of any Obligation and such other Guarantor (the "Claiming Guarantor") shall not have been fully indemnified by the Borrowers, Borrower as provided in Section 4.16.01, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all both Guarantors on such datethe date hereof. Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 6.02 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 6.01 to the extent of such payment.

Appears in 1 contract

Samples: Term Loan Agreement (Citgo Petroleum Corp)

Contribution and Subrogation. Each Guarantor (a “Contributing Guarantor”) agrees (subject to Section 4.36.03) that, in the event a payment shall be made by any other Guarantor on account of its guarantee under this Agreement and such other Guarantor (the “Claiming Guarantor”) shall not have been fully indemnified by the Borrowers, Borrower as provided in Section 4.16.01, such the Contributing Guarantor shall indemnify the Claiming Guarantor in an amount equal to the amount of such payment by the Claiming Guarantor, multiplied by a fraction of which the numerator shall be the net worth of such the Contributing Guarantor on the date it became a party hereto hereof and the denominator shall be the aggregate net worth of all the Guarantors on the date hereof (or, in the case of any Guarantor becoming a party hereto pursuant to Section 7.16, the date of the supplement hereto executed and delivered by such dateGuarantor). Any Contributing Guarantor making any payment to a Claiming Guarantor pursuant to this Section 4.2 6.02 shall be subrogated to the rights of such Claiming Guarantor under Section 4.1 6.01 to the extent of such payment.

Appears in 1 contract

Samples: Guarantee Agreement

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