Contribution Obligations Sample Clauses

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Contribution Obligations. (a) If, as of any date, the aggregate amount of payments made by a Credit Party on account of the Obligations and proceeds of such Credit Party’s Collateral that are applied to the Obligations exceeds the aggregate amount of proceeds from Loans used by such Credit Party in its business (such excess amount being referred to as an “Accommodation Payment”), then each of the other Credit Parties (each such Credit Party being referred to as a “Contributing Credit Party”) shall be obligated to make contribution to such Credit Party (the “Paying Credit Party”) in an amount equal to (i) the product derived by multiplying the sum of each Accommodation Payment of each Credit Party by the Allocable Percentage (as defined below) of the Credit Party from whom contribution is sought less (ii) the amount, if any, of the then outstanding Accommodation Payment of such Contributing Credit Party (such last mentioned amount which is to be subtracted from the aforesaid product to be increased by any amounts theretofore paid by such Contributing Credit Party by way of contribution hereunder, and to be decreased by any amounts theretofore received by such Contributing Credit Party by way of contribution hereunder); provided, however, that a Paying Credit Party’s recovery of contribution hereunder from the other Credit Parties shall be limited to that amount paid by the Paying Credit Party in excess of its Allocable Percentage of all Accommodation Payments then outstanding of all Credit Parties. As used herein, the term “Allocable Percentage” shall mean, on any date of determination thereof, a fraction the denominator of which shall be equal to the number of Credit Parties who are parties to this Agreement on such date and the numerator of which shall be one; provided, however, that such percentages shall be modified in the event that contribution from a Credit Party is not possible by reason of insolvency, bankruptcy or otherwise by reducing such Credit Party’s Allocable Percentage equitably and by adjusting the Allocable Percentage of the other Credit Parties proportionately so that the Allocable Percentages of all Credit Parties at all times equals 100%.
Contribution Obligations. Contributor shall make, or cause to be made, Contributions: (i) to Borrower from time to time, within five Business Day following receipt of written demand by Borrower, in an amount equal to the amount required to satisfy Borrower’s obligations set forth in Section 4.1.1(A) of the Credit Agreement (such aggregate amounts contributed or to be contributed, the “Eligible Contract Price Contribution Commitment”); (ii) to Borrower, within five Business Day following receipt of written notice from Hermes Agent (A) of a payment made or to be made by Hermes Agent of any portion of the Hermes Guarantee Fee Shortfall, in an amount equal to such portion of the Hermes Guarantee Fee Shortfall or (B) that Hermes Agent shall not, or shall not be permitted to, exercise its right to request Advances pursuant to clause (2) of Section 2.3.3(C) for application to any portion of the Hermes Guarantee Fees, in an amount equal to such portion of the Hermes Guarantee Fees; and (iii) upon receipt of written demand therefor from Administrative Agent (acting at the instruction of the Required Lenders) following the occurrence and during the continuance of an Event of Default, in an amount equal to the sum of the Eligible Contract Price Contribution Commitment (as reduced by the amount of Contributions made from time to time pursuant to clause (i) above).
Contribution Obligations. 2(e) Gain Sharing; Revenue Adjustment ........................ 3.7
Contribution Obligations. (a) Each Credit Party hereby subordinates any claims, including any right of payment, subrogation, contribution and indemnity, that it may have from or against any other Credit Party, and any successor or assign of any other Credit Party, including any trustee, receiver or debtor-in-possession, howsoever arising, due or owing or whether heretofore, now or hereafter existing, to the prior payment in full of all of the Obligations (other than contingent indemnification obligations for which no claim has been made) in cash and termination of all Commitments; provided, unless an Event of Default shall then exist, the foregoing shall not prevent or prohibit the repayment of intercompany accounts and loans, or intercompany asset transfers, among the Credit Parties in the ordinary course of business. (b) Notwithstanding any provision to the contrary contained herein or in any other of the Loan Documents, to the extent the joint obligations of any Credit Party shall be adjudicated to be invalid or unenforceable for any reason (including, without limitation, because of any applicable state or Federal law relating to fraudulent conveyances or transfers) then the obligations of each Credit Party hereunder shall be limited to the maximum amount that is permissible under applicable law (whether Federal or state and including, without limitation, the Bankruptcy Code), after taking into account, among other things, such Credit Party’s right of contribution and indemnification from each other Credit Party under this Agreement or applicable law. (c) The provisions of this Section 10.19 are made for the benefit of the Lenders and their respective successors and permitted assigns, and may be enforced by any such Person from time to time against any of the Credit Parties as often as occasion therefor may arise and without requirement on the part of any Lender first to marshal any of its claims or to exercise any of its rights against any of the other Credit Parties or to exhaust any remedies available to it against any of the other Credit Parties or to resort to any other source or means of obtaining payment of any of the Obligations or to elect any other remedy. The provisions of this Section 10.19 shall remain in effect until the payment in full of all of the Obligations (other than contingent indemnification obligations for which no claim has been made) in cash and termination of all Commitments. If at any time, any payment, or any part thereof, made in respect of any of t...
Contribution Obligations. If the indemnification provided for in this Article 4 is held by a court of competent jurisdiction to be unavailable to an Indemnified Party with respect to any loss, liability, claim, damage or expense referred to therein, then the Indemnifying Party, in lieu of indemnifying such Indemnified Party thereunder, shall contribute to the amount paid or payable by such Indemnified Party as a result of such loss, liability, claim, damage or expense in such proportion as is appropriate to reflect the relative fault of the Indemnifying Party on the one hand and of the Indemnified Party on the other in connection with the statements, actions or omissions which resulted in such loss, liability, claim, damage or expense as well as any other relevant equitable considerations. The relative fault of the Indemnifying Party and of the Indemnified Party shall be determined by reference to, among other things, whether the untrue or alleged untrue statement of a material fact or the omission to state a material fact relates to information supplied by the Indemnifying Party or by the Indemnified Party and the parties' relative intent, knowledge, access to information and opportunity to correct or prevent such statement or omission.
Contribution Obligations. Except as provided in Sections 3.2 and 3.3 above, no Limited Partner, as a limited partner of the Partnership, shall be required to contribute any capital to the Partnership other than the Capital Contributions, except that if a Limited Partner has received the return of the whole or part of such Limited Partner's Capital Contribution, the Limited Partner will remain liable to the Partnership, to the extent provided under the Missouri Limited Partnership Law, for any sums (not in excess of the Capital Contribution so returned) necessary to discharge the Partnership's liabilities to all creditors who extended credit or whose claims arose before such return.
Contribution Obligations. Any Employer who is excused, relieved or not obligated to remit contributions to any of the Funds provided for in this Agreement, by reason of any agreement ruling of any tribunal or court, or for any other reason, shall be required instead to make the equivalent hourly contribution(s) to the Painters & Allied Trades District Council No. 35 Finishing Trades Institute.
Contribution Obligations. (a) On each Contribution Date during the Contribution Period, if SXE has given notice to Southcross Holdings as set forth in Section 2.6 at least two business days before such Contribution Date that such contribution will be required (each a “Contribution Notice”), (i) Southcross Holdings will contribute the applicable Contribution Amount to SXE by wire transfer of immediately available funds and (ii) upon receipt of such funds, SXE will issue to Southcross Holdings a number of Common Units equal to the applicable Issuance Amount (each such contribution and issuance referred to herein as an “Equity Cure Contribution”). The delivery of any such notice by SXE shall be approved by the Conflicts Committee. (b) With respect to each Contribution Date, the applicable “Contribution Amount” shall be equal to the Equity Cure Amount (as such term is defined under the SXE Revolving Credit Agreement) required to be funded pursuant to the applicable Equity Cure Election and set forth in the applicable Contribution Notice; provided, however, that the total of all Contribution Amounts contributed by Southcross Holdings shall not exceed $50 million.
Contribution Obligations. In the event that CVC makes any payment of Belden Damages to the Belden Indemnitees pursuant to Section 10.2(a) or Section 10.4(a) or otherwise incurs any expenses (including reasonable attorneys' and accountants' fees) in connection with its indemnification obligation under such Sections (collectively, "CVC Indemnity Damages"), each of the other Ultimate Owners shall pay to CVC an amount equal to the CVC Indemnity Damages multiplied by such Ultimate Owner's Ultimate Ownership Percentage (or in the case of CCT Partners II L.P., 11.81%). Each Ultimate Owner's payment obligations hereunder shall be payable upon written notice from CVC setting forth in reasonable detail the amount of the CVC Indemnity Damages and the amount payable to CVC pursuant to this Section 10.9. The payment of Indemnity Damages to CVC as contemplated by this Section 10.9 shall have no impact on the application of the General Cap, the Tax Cap, the Basket or the other provisions of Article X.
Contribution Obligations. The licenses granted, knowledge, and data access rights and services provided in the Original Agreement were made pursuant to ABCO’s contribution obligations under the Master Agreement.