Common use of Extent of Liability; Contribution Clause in Contracts

Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each U.S. Borrower’s liability under this Section 5.11 shall be limited to the greater of (i) all amounts for which such U.S. Borrower is primarily liable, as described below, and (ii) such U.S. Borrower’s Allocable Amount. (b) If any U.S. Borrower makes a payment under this Section 5.11 of any Obligations (other than amounts for which such Borrower is primarily liable) (a “Guarantor Payment”) that, taking into account all other Guarantor Payments previously or concurrently made by any other U.S. Borrower, exceeds the amount that such Borrower would otherwise have paid if each U.S. Borrower had paid the aggregate Obligations satisfied by such Guarantor Payments in the same proportion that such Borrower’s Allocable Amount bore to the total Allocable Amounts of all Borrowers, then such Borrower

Appears in 1 contract

Samples: First Amendment Agreement (United Natural Foods Inc)

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Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each U.S. 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 U.S. Borrower is primarily liable, as described in clause (c) below, and (ii) such U.S. Borrower’s Allocable Amount. (bii) If any U.S. Borrower makes a payment under this Section 5.11 2.16 of any Secured Obligations (other than amounts for which such Borrower is primarily liable) (a “Guarantor Payment”) that, taking into account all other Guarantor Payments previously or concurrently made by any other U.S. Borrower, exceeds the amount that such Borrower would otherwise have paid if each U.S. Borrower had paid the aggregate Secured Obligations satisfied by such Guarantor Payments in the same proportion that such Borrower’s Allocable Amount bore to the total Allocable Amounts of all Borrowers, then such BorrowerBorrower shall be entitled to receive contribution and indemnification payments from, and to be reimbursed

Appears in 1 contract

Samples: Credit Agreement (Us Xpress Enterprises Inc)

Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each U.S. Borrower’s liability under this Section 5.11 2.15 shall be limited to the greater of (i) all amounts for which such U.S. Borrower is primarily liable, as described below, and (ii) such U.S. Borrower’s Allocable Amount. (bii) If any U.S. Borrower makes a payment under this Section 5.11 2.15 of any Obligations (other than amounts for which such Borrower is primarily liable) (a “Guarantor Payment”) that, taking into account all other Guarantor Payments previously or concurrently made by any other U.S. Borrower, exceeds the amount that such Borrower would otherwise have paid if each U.S. Borrower had paid the aggregate Obligations satisfied by such Guarantor Payments in the same proportion that such Borrower’s Allocable Amount bore to the total Allocable Amounts of all Borrowers, then such BorrowerBorrower shall be entitled to receive contribution and indemnification payments from, and to be

Appears in 1 contract

Samples: Credit Agreement (Roadrunner Transportation Systems, Inc.)

Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each U.S. Borrower’s liability under this Section 5.11 5.12 shall be limited to the greater of (i) all amounts for which such U.S. Borrower is primarily liable, as described below, and (ii) such U.S. Borrower’s Allocable Amount. (b) If any U.S. Borrower makes a payment under this Section 5.11 5.12 of any Obligations (other than amounts for which such Borrower is primarily liable) (a “Guarantor Payment”) that, taking into account all other Guarantor Payments previously or concurrently made by any other U.S. Borrower, exceeds the amount that such Borrower would otherwise have paid if each U.S. Borrower had paid the aggregate Obligations satisfied by such Guarantor Payments in the same proportion that such Borrower’s Allocable Amount bore to the total Allocable Amounts of all Borrowers, then such BorrowerBorrower shall be entitled to receive contribution and indemnification payments from, and to be reimbursed by, each other Borrower for the amount of such excess, pro

Appears in 1 contract

Samples: Loan and Security Agreement (Habit Restaurants, Inc.)

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Extent of Liability; Contribution. (a) Notwithstanding anything herein to the contrary, each U.S. Borrower’s liability under this Section 5.11 shall be limited to not exceed the greater of (i) all amounts for which such U.S. Borrower is primarily liable, as described in clause (c) below, and (ii) such U.S. Borrower’s Allocable Amount. (b) If any U.S. Borrower makes a payment under this Section 5.11 of any Obligations (other than amounts for which such Borrower is primarily liable) (a “Guarantor Payment”) that, taking into account all other Guarantor Payments previously or concurrently made by any other U.S. Borrower, exceeds the amount that such Borrower would otherwise have paid if each U.S. Borrower had paid the aggregate Obligations satisfied by such Guarantor Payments in the same proportion that such Borrower’s Allocable Amount bore to the total Allocable Amounts of all Borrowers, then such BorrowerBorrower shall be

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Micro Devices Inc)

Extent of Liability; Contribution. (ai) Notwithstanding anything herein to the contrary, each U.S. 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 U.S. Borrower is primarily liable, as described in clause (iii) below, and (ii) such U.S. Borrower’s Allocable Amount. (bii) If any U.S. Borrower makes a payment under this Section 5.11 2.18 of any Obligations (other than amounts for which such Borrower is primarily liable) (a “Guarantor Payment”) that, taking into account all other Guarantor Payments previously or concurrently made by any other U.S. Borrower, exceeds the amount that such Borrower would otherwise have paid if each U.S. Borrower had paid the aggregate Obligations satisfied by such Guarantor Payments in the same proportion that such Borrower’s Allocable Amount bore to the total Allocable Amounts of all Borrowers, then such BorrowerBorrower shall be entitled to receive contribution and

Appears in 1 contract

Samples: Credit Agreement (Newpark Resources Inc)

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