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

Contribution with Respect to Guaranty Obligations. To the extent that any Borrower shall make a payment under this Section 13A of all or any of the Revolving Obligations (other than Revolving Loans made to that Borrower for which it is primarily liable) (a "Guarantor Payment") that, taking into account all other Guarantor Payments then previously or concurrently made by any other Borrower, exceeds the amount that such Borrower would otherwise have paid if each Borrower had paid the aggregate Revolving Obligations satisfied by such Guarantor Payment in the same proportion that such Borrower's "Revolver Allocable Amount" (as defined below) (as determined immediately prior to such Guarantor Payment) bore to the aggregate Revolver Allocable Amounts of each of the Borrowers as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Revolving Obligations and termination of the Revolving Commitments, such Borrower shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each other Borrower for the amount of such excess, pro rata based upon their respective Revolver Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Credit Agreement (Coffeyville Resources, Inc.)

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Contribution with Respect to Guaranty Obligations. To the extent that any Borrower shall make a payment under this Section 13A Article 12 of all or any of the Revolving Obligations (other than Revolving Loans made to that Borrower for which it is primarily liable) (a "Guarantor Payment") that, taking into account all other Guarantor Payments then previously or concurrently made by any other Borrower, exceeds the amount that such Borrower would otherwise have paid if each Borrower had paid the aggregate Revolving Obligations satisfied by such Guarantor Payment in the same proportion that such Borrower's "Revolver ’s “Allocable Amount" (as defined below) (as determined immediately prior to such Guarantor Payment) bore to the aggregate Revolver Allocable Amounts of each of the Borrowers as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Revolving Obligations and Obligations, termination of the Revolving CommitmentsCommitments and the passage of the applicable preference period, such Borrower shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each other Borrower for the amount of such excess, pro rata based upon their respective Revolver Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Properties Seven Limited Partnership)

Contribution with Respect to Guaranty Obligations. To the extent that any Borrower shall make a payment under this Section 13A 14 of all or any of the Revolving Obligations (other than Revolving Loans made to that Borrower for which it is primarily liable) (a "Guarantor Payment") that, taking into account all other Guarantor Payments then previously or concurrently made by any other Borrower, exceeds the amount that such Borrower would otherwise have paid if each Borrower had paid the aggregate Revolving Obligations satisfied by such Guarantor Payment in the same proportion that such Borrower's "Revolver Allocable Amount" (as defined below) (as determined immediately prior to such Guarantor Payment) bore to the aggregate Revolver Allocable Amounts of each of the Borrowers as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Revolving Obligations (other than contingent indemnification obligations not asserted) and termination of the Revolving Commitments, such Borrower shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each other Borrower for the amount of such excess, pro rata based upon their respective Revolver Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Loan and Security Agreement (Keystone Consolidated Industries Inc)

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Contribution with Respect to Guaranty Obligations. To the extent that any Borrower shall make a payment under this Section 13A 13.02 of all or any of the Revolving Obligations (other than Revolving Loans made to that Borrower for which it is primarily liable) (a "Guarantor Payment"Payment ”) that, taking into account all other Guarantor Payments then previously or concurrently made by any other Borrower, exceeds the amount that such Borrower would otherwise have paid if each Borrower had paid the aggregate Revolving Obligations satisfied by such Guarantor Payment in the same proportion that such Borrower's "Revolver ’s “Allocable Amount" (as defined below) (as determined immediately prior to such Guarantor Payment) bore to the aggregate Revolver Allocable Amounts of each of the Borrowers as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Revolving Obligations and termination of the Revolving Commitments, such Borrower shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each other Borrower for the amount of such excess, pro rata based upon their respective Revolver Allocable Amounts in effect immediately prior to such Guarantor Payment.

Appears in 1 contract

Samples: Credit and Guaranty Agreement

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