Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 73 contracts
Samples: Loan and Security Agreement (Olympic Steel Inc), Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (Olympic Steel Inc)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 22 contracts
Samples: Loan and Security Agreement (Mynd.ai, Inc.), Loan, Security and Guarantee Agreement (GEE Group Inc.), Loan and Security Agreement (NewLake Capital Partners, Inc.)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.15 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 14 contracts
Samples: Credit Agreement (Purple Innovation, Inc.), Term Loan Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.10 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 14 contracts
Samples: Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.10 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 10 contracts
Samples: Loan and Security Agreement (U.S. Concrete, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.12 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 8 contracts
Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), Loan and Security Agreement (American Vanguard Corp), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and or (ii) such Borrower’s Allocable Amount.
Appears in 7 contracts
Samples: Loan and Security Agreement (Orion Energy Systems, Inc.), Loan and Security Agreement (Orion Energy Systems, Inc.), Guaranty and Security Agreement (Infinera Corp)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.10 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, liable and (ii) such Borrower’s Allocable Amount.
Appears in 6 contracts
Samples: Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.7 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 6 contracts
Samples: Term Loan Agreement (Apparel Holding Corp.), Loan Agreement (Apparel Holding Corp.), Term a Loan Agreement (Apparel Holding Corp.)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.16 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 5 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.7 shall be limited to the greater of (iA) all amounts for which such Borrower is primarily liable, as described below, below and (iiB) such Borrower’s Allocable Amount.
Appears in 5 contracts
Samples: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.12 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 4 contracts
Samples: Loan and Security Agreement (Alliance Entertainment Holding Corp), Credit and Security Agreement (Katy Industries Inc), Credit and Security Agreement (Katy Industries Inc)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.11 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 4 contracts
Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.8 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 3 contracts
Samples: Term Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 3 contracts
Samples: Guaranty and Security Agreement (Inari Medical, Inc.), Loan and Security Agreement (Calix, Inc), Loan, Guaranty and Security Agreement (Quotient Technology Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 3 contracts
Samples: Loan and Security Agreement (Seneca Foods Corp), Loan and Security Agreement (Frozen Food Express Industries Inc), Loan and Security Agreement (Conns Inc)
Extent of Liability; Contribution. (a) 9.23.3.1 Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 9.23 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable AmountAmount (as defined below).
Appears in 2 contracts
Samples: Second Lien Loan Agreement (Sammons Enterprises, Inc.), Second Lien Loan Agreement (North American Technologies Group Inc /Tx/)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Co-Borrower’s liability under this Section 5.11 2.11 shall be limited to the greater of (iA) all amounts for which such Co-Borrower is primarily liable, as described below, below and (iiB) such Co-Borrower’s Allocable Amount.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Fortress Transportation & Infrastructure Investors LLC), First Lien Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein in this Agreement or otherwise to the contrary, each Borrower’s liability under this Section 5.11 2.17 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and or (ii) such Borrower’s Allocable Amount.
Appears in 2 contracts
Samples: Credit Agreement (Exopack Holding Corp), Assignment and Assumption (Exopack Holding Corp)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.8 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable AmountAmount (as defined in Section 5.8.3(b) below).
Appears in 2 contracts
Samples: Loan and Security Agreement (Xplore Technologies Corp), Loan and Security Agreement (Wireless Telecom Group Inc)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.7 shall be limited to the greater of (iA) all amounts for which such Borrower is primarily liable, as described below, and (iiB) such Borrower’s Allocable AmountAmount (as defined below).
Appears in 2 contracts
Samples: Credit Agreement (BRC Inc.), Credit Agreement (BRC Inc.)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.20 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 2 contracts
Samples: Senior Secured Revolving Facility Credit Agreement (Chemtura CORP), Senior Secured Revolving Facility Credit Agreement (Chemtura CORP)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, below and (ii) such Borrower’s Allocable Amount.
Appears in 2 contracts
Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 1.13 shall be limited to the greater of (iA) all amounts for which such Borrower is primarily liable, as described below, below and (iiB) such Borrower’s Allocable Amount.
Appears in 2 contracts
Samples: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 1.19 shall be limited to the greater of (iA) all amounts for which such Borrower is primarily liable, as described below, below and (iiB) such Borrower’s Allocable Amount.
Appears in 2 contracts
Samples: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.10 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.10 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Samples: Credit Agreement (Covenant Transportation Group Inc)
Extent of Liability; Contribution. (a) i.Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.15 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Credit Agreement (Synalloy Corp)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 12.12 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.14 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Loan Agreement (Superior Essex Inc)
Extent of Liability; Contribution. (a) a. Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Loan, Security and Guarantee Agreement (National CineMedia, Inc.)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.18 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (iii) below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, below and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.9 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liablethe amount of the Obligations (subject to each Borrower’s right to contribution, as indemnification and reimbursement payments described below), and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.12 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 3.08 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable AmountAmount (as defined below).
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.. Amended & Restated Loan Agreement (PF)
Appears in 1 contract
Samples: Loan Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 2.16 shall be limited to the greater of (iy) all amounts for which such Borrower is primarily liable, as described below, and (iiz) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) i. Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.13 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.18 shall be limited to not exceed the greater of (ix) all amounts for which such Borrower is primarily liable, as described in clause (iii) below, and (iiy) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) a. Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 5.10 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Sanmina-Sci Corp)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which 52 such Borrower is primarily liable, as described below, below and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) a. Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.10 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Sanmina-Sci Corp)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.such
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Samples: Loan and Security Agreement (Vintage Wine Estates, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding a)Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and or (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Loan and Security Agreement (Servicesource International, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.6 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Term Loan and Security (Blyth Inc)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.16 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.9 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Loan and Security Agreement (Radiant Logistics, Inc)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.18 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 2.12 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Samples: Credit and Security Agreement (Katy Industries Inc)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 5.9 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding i)Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 2.12 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 SECTION 5.12 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 2.17 shall be limited to not exceed the greater of (ix) all amounts for which such Borrower is primarily liable, as described in Section 2.17(c)(iii) below, and (iiy) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Samples: Revolving Credit Agreement (Danimer Scientific, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.15 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.. (ii) If any Borrower makes a payment under this Section 2.15 of any Obligations (other than amounts for which such Borrower is primarily liable) (a “Guarantor Payment”) that, taking into
Appears in 1 contract
Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.of
Appears in 1 contract
Samples: Credit Agreement
Extent of Liability; Contribution. (a1) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.10 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
Samples: Credit Agreement (Covenant Transportation Group Inc)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 5.10 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily and actually liable, as described in clause (c) below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Loan, Security and Guaranty Agreement (Select Interior Concepts, Inc.)
Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 2.13 shall be limited to the greater of (i) all amounts for which such Borrower is primarily liable, as described below, and (ii) such Borrower’s Allocable Amount.
Appears in 1 contract
Samples: Credit and Security Agreement (FreightCar America, Inc.)
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s liability under this Section 5.11 shall be limited to the greater of (ia) all amounts for which such Borrower is primarily liable, as described below, and (iib) such Borrower’s Allocable Amount.
Appears in 1 contract
Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each Borrower’s 's liability under this Section 5.11 5.7 shall be limited to not exceed the greater of (i) all amounts for which such Borrower is primarily liable, as described in clause (c) below, and (ii) such Borrower’s 's Allocable Amount.
Appears in 1 contract
