Common use of Contribution by Guarantors Clause in Contracts

Contribution by Guarantors. All Guarantors desire to allocate among themselves (collectively, the "CONTRIBUTING GUARANTORS"), in a fair and equitable manner, their obligations arising under this Guaranty. Accordingly, in the event any payment or distribution is made on any date by a Guarantor (a "FUNDING GUARANTOR") under this Guaranty that exceeds its Fair Share as of such date, such Funding Guarantor shall be entitled to a contribution from each of the other Contributing Guarantors in the amount of such other Contributing Guarantor's Fair Share Shortfall as of such date, with the result that all such contributions will cause each Contributing Guarantor's Aggregate Payments to equal its Fair Share as of such date. "

Appears in 1 contract

Samples: Credit and Guaranty Agreement (BPC Holding Corp)

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Contribution by Guarantors. All Guarantors desire to allocate among themselves (collectively, the "CONTRIBUTING GUARANTORSContributing Guarantors"), in a fair and equitable manner, their obligations arising under this Guaranty. Accordingly, in the event any payment or distribution is made on any date by a Guarantor (a "FUNDING GUARANTORFunding Guarantor") under this Guaranty that exceeds its Fair Share as of such date, such Funding Guarantor shall be entitled to a contribution from each of the other Contributing Guarantors in the amount of such other Contributing Guarantor's Fair Share Shortfall as of such date, with the result that all such contributions will cause each Contributing Guarantor's Aggregate Payments to equal its Fair Share as of such date. "104

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Northpoint Communications Group Inc)

Contribution by Guarantors. All Guarantors desire to allocate among themselves (collectively, the "CONTRIBUTING GUARANTORS"“Contributing Guarantors”), in a fair and equitable manner, their obligations arising under this the Guaranty. Accordingly, in the event any payment or distribution is made on any date by a Guarantor (a "FUNDING GUARANTOR"“Funding Guarantor”) under this the Guaranty that exceeds its Fair Share as of such date, such Funding Guarantor shall be entitled to a contribution from each of the other Contributing Guarantors in the amount of such other Contributing Guarantor's ’s Fair Share Shortfall as of such date, with the result that all such contributions will cause each Contributing Guarantor's ’s Aggregate Payments to equal its Fair Share as of such date. "

Appears in 1 contract

Samples: Credit and Guaranty Agreement (1847 Goedeker Inc.)

Contribution by Guarantors. All Guarantors desire to allocate among themselves (collectively, the "CONTRIBUTING GUARANTORSContributing Guarantors"), in a fair and equitable manner, their obligations arising under this Guaranty. Accordingly, in the event any payment or distribution is made on any date by a Guarantor (a "FUNDING GUARANTORFunding Guarantor") under this Guaranty that exceeds its Fair Share as of such date, such Funding Guarantor shall be entitled to a contribution from each of the other Contributing Guarantors in the amount of such other Contributing Guarantor's Fair Share Shortfall as of such date, with the result that all such contributions will cause each Contributing Guarantor's Aggregate Payments to equal its Fair Share as of such date. "result

Appears in 1 contract

Samples: Note Agreement (Pacific Energy Resources LTD)

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Contribution by Guarantors. All Guarantors desire to allocate among themselves (collectively, the "CONTRIBUTING GUARANTORS"“Contributing Guarantors”), in a fair and equitable manner, their obligations arising under this Guaranty. Accordingly, in the event any payment or distribution is made on any date by a Guarantor (a "FUNDING GUARANTOR"“Funding Guarantor”) under this Guaranty that exceeds its Fair Share as of such date, such Funding Guarantor shall be entitled to a contribution from each of the other Contributing Guarantors in the amount of such other Contributing Guarantor's ’s Fair Share Shortfall as of such date, with the result that all such contributions will cause each Contributing Guarantor's ’s Aggregate Payments to equal its Fair Share as of such date. "“Fair Share” means, with respect to a Contributing Guarantor as of any date of determination, an amount equal to (a)

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)

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