Common use of Contribution with Respect to Guaranteed Obligations Clause in Contracts

Contribution with Respect to Guaranteed Obligations. To the extent that any Guarantor shall make a payment under this Guaranty of all or any of the Guaranteed Obligations (a “Guarantor Payment”) which, taking into account all other Guarantor Payments then previously or concurrently made by the other Guarantors, exceeds the amount which such Guarantor would otherwise have paid if each Guarantor had paid the aggregate Guaranteed Obligations satisfied by such Guarantor Payment in the same proportion that such Guarantor’s “Allocable Amount” (as defined below) (in effect immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of all of Guarantors in effect immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Obligations and termination of the Commitments, such Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each of the other Guarantors for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Credit Agreement (Curative Health Services Inc)

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Contribution with Respect to Guaranteed Obligations. To the extent that any Guarantor shall make a payment under this Guaranty of all or any of the Guaranteed Obligations (a "Guarantor Payment") which, taking into account all other Guarantor Payments then previously or concurrently made by the other Guarantors, exceeds the amount which such Guarantor would otherwise have paid if each Guarantor had paid the aggregate Guaranteed Obligations satisfied by such Guarantor Payment in the same proportion that such Guarantor’s “'s "Allocable Amount” Amount (as defined below) (in effect immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of all of Guarantors in effect immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Obligations and termination of the Commitments, such Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each of the other Guarantors for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Credit Agreement (Brightpoint Inc)

Contribution with Respect to Guaranteed Obligations. To the extent that any Guarantor shall make a payment under this Guaranty of all or any of the Guaranteed Obligations (a “Guarantor Payment”) whichthat, taking into account all other Guarantor Payments then previously or concurrently made by the any other GuarantorsGuarantor, exceeds the amount which that otherwise would have been paid by or attributable to such Guarantor would otherwise have paid if each Guarantor had paid the aggregate Guaranteed Obligations satisfied by such Guarantor Payment in the same proportion that as such Guarantor’s “Allocable Amount” (as defined below) (in effect as determined immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of all each of the Guarantors in effect as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Guaranteed Obligations and termination of the CommitmentsCredit Agreement, the Swap Agreements and the Banking Services Agreements, such Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each of the other Guarantors Guarantor for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Credit Agreement (Universal Corp /Va/)

Contribution with Respect to Guaranteed Obligations. To the extent that any Guarantor shall make a payment under this Guaranty of all or any of the Guaranteed Obligations (a "Guarantor Payment") which, taking into account all other Guarantor Payments then previously or concurrently made by the any other GuarantorsGuarantor, exceeds the amount which otherwise would have been paid by or attributable to such Guarantor would otherwise have paid if each Guarantor had paid the aggregate Guaranteed Obligations satisfied by such Guarantor Payment in the same proportion that as such Guarantor’s “'s "Allocable Amount" (as defined below) (in effect as determined immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of all each of the Guarantors in effect as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Guaranteed Obligations and termination of the CommitmentsCredit Agreement and the Designated Financial Contracts, such Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each of the other Guarantors Guarantor for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Applebees International Inc)

Contribution with Respect to Guaranteed Obligations. To the extent that any Guarantor shall make a payment under this Guaranty of all or any of the Guaranteed Obligations (a “Guarantor Payment”"GUARANTOR PAYMENT") which, taking into account all other Guarantor Payments then previously or concurrently made by the any other GuarantorsGuarantor, exceeds the amount which otherwise would have been paid by or attributable to such Guarantor would otherwise have paid if each Guarantor had paid the aggregate Guaranteed Obligations satisfied by such Guarantor Payment in the same proportion that as such Guarantor’s “'s "Allocable Amount" (as defined below) (in effect as determined immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of all each of the Guarantors in effect as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash the prior and complete satisfaction of the Obligations and termination of the CommitmentsTermination Conditions, such Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each of the other Guarantors Guarantor for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Credit Agreement (Steelcase Inc)

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Contribution with Respect to Guaranteed Obligations. To the extent that any Guarantor shall make a payment under this Guaranty of all or any of the Guaranteed Originator Obligations (a "Guarantor Payment") which, after taking into account all other Guarantor Payments then previously or concurrently made by the other Guarantors, exceeds the amount which such Guarantor would otherwise have paid if each Guarantor had paid the aggregate Guaranteed Originator Obligations satisfied by such Guarantor Payment in the same proportion that such Guarantor’s “'s Allocable Amount” Amount (as defined below) (in effect immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of all of Guarantors in effect immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Originator Obligations and termination the occurrence of the CommitmentsTermination Date, such Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each of the other Guarantors for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Receivables Sale and Contribution Agreement (Consolidated Freightways Corp)

Contribution with Respect to Guaranteed Obligations. (a) To the extent that any Guarantor shall make a payment under this Guaranty of all or any of the Guaranteed Obligations (a “Guarantor Payment”) which, taking into account all other Guarantor Payments then previously or concurrently made by the any other GuarantorsGuarantor, exceeds the amount which otherwise would have been paid by or attributable to such Guarantor would otherwise have paid if each Guarantor had paid the aggregate Guaranteed Obligations satisfied by such Guarantor Payment in the same proportion that as such Guarantor’s “Allocable Amount” (as defined below) (in effect as determined immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of all each of the Guarantors in effect as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Obligations Guarantor Payment and termination of the CommitmentsGuaranteed Obligations, and all Commitments have terminated or expired, such Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each of the other Guarantors Guarantor for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Guaranty (Nelnet Inc)

Contribution with Respect to Guaranteed Obligations. To the extent that any American Guarantor shall make a payment under this Guaranty any Guarantee of all or any of the Guaranteed Obligations (a “Guarantor Payment”"GUARANTOR PAYMENT") whichthat, taking into account all other Guarantor Payments then previously or concurrently made by the other Guarantors, exceeds the amount which that such American Guarantor would otherwise have paid if each Guarantor had paid the aggregate Guaranteed Obligations satisfied by such Guarantor Payment in the same proportion that such American Guarantor’s “'s Allocable Amount” Amount (as defined below) (in effect immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of all of the Guarantors in effect immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Obligations and termination of the CommitmentsGuaranteed Obligations, such American Guarantor shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each of the other Guarantors for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Trust Agreement (Marconi Corp PLC)

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