Common use of Joint and Several Liability Payment Indemnifications Clause in Contracts

Joint and Several Liability Payment Indemnifications. (a) All Obligations of the Borrowers under the Loan Documents shall be the joint and several Obligations of each Borrower. The Obligations of and the Liens granted by any such Borrower under the Loan Documents shall not be impaired or released by any action or inaction on the part of Agent or any Lender with respect to any other Credit Party, including any action or inaction which would otherwise release a surety. (b) In order to provide for just and equitable contribution between the Borrowers if any payment is made by any Borrower (a "FUNDING BORROWER") in discharging any of the Obligations, that Funding Borrower shall be entitled to a contribution from the other Borrowers for all payments, damages and expenses incurred by that Funding Borrower in discharging the Obligations, in the manner and to the extent required to allocate liabilities in an equitable manner among the Borrowers on the basis of the relative benefits received by the Borrowers. If and to the extent that a Funding Borrower makes any payment to any Lender or any other Person in respect of the Obligations, any claim which said Funding Borrower may have against the other Borrowers by reason thereof shall be subject and subordinate to the prior cash payment in full of the Obligations. The parties hereto acknowledge that the right to contribution hereunder shall constitute an asset of the party to which such contribution is owing. Notwithstanding any of the foregoing to the contrary, such contribution arrangements shall not limit in any manner the joint and several nature of the Obligations, limit, release or otherwise impair any rights of Agent or any Lender under the Loan Documents, or alter, limit or impair the obligation of each Borrower, which is absolute and unconditional, to repay the Obligations. The obligation of any Borrower to make any contribution to another Borrower under this SECTION 2.21 shall be deemed a superpriority administration expense obligation of such Borrower arising under Section 503(b) of the Bankruptcy Code and shall be junior in priority only to the Obligations of such Borrower under the Loan Documents.

Joint and Several Liability Payment Indemnifications. (a) All Obligations Each Borrower hereby agrees and acknowledges that the obligation of each Borrower for payment of the Borrowers under the Loan Documents Obligations shall be the joint and several Obligations with the obligations of each Borrowerother Borrower hereunder regardless of which Borrower actually receives the proceeds of any borrowing. Each Borrower hereby agrees and acknowledges that it will receive substantial benefits from the Loan, including each and all Advances. The Obligations of and the Liens granted by any such Borrower under the Loan Documents shall not be impaired or released by any action or inaction on the part of Agent or any Lender with respect to any other Credit PartyBorrower, including any action or inaction which that otherwise would otherwise release a surety. (b) In order to provide for just and equitable contribution between the Borrowers if any payment is made by any a Borrower (for purposes of this Section 2.9(b), a "FUNDING BORROWERFunding Borrower") in discharging any of the Obligations, that Funding Borrower shall be entitled to a contribution from the other Borrowers for all payments, damages and expenses incurred by that Funding Borrower in discharging the Obligations, in the manner and to the extent required to allocate liabilities in an equitable manner among the Borrowers on the basis of the relative benefits received by the Borrowers. If and to the extent that a Funding Borrower makes any payment to any the Lender or any other Person in respect of the Obligations, any claim which said that such Funding Borrower may have against the other Borrowers by reason thereof shall be subject and subordinate to the prior cash payment in full of the Obligations. . (c) The parties hereto acknowledge that the right to contribution hereunder shall constitute an asset of the party to which such contribution is owing. Notwithstanding any of the foregoing to the contrary, such contribution arrangements shall not limit in any manner the joint and several nature of the Obligations, ; shall not limit, release or otherwise impair any rights of Agent or any the Lender under the Loan Credit Documents, or and shall not alter, limit or impair the obligation of each any Borrower, which obligation is absolute and unconditional, to repay the Obligations. . (d) The obligation of parties expressly agree that payment by any Borrower of amounts due and payable on the Media Notes that is made pursuant to make any contribution such Borrower's Guaranty agreement shall to another Borrower under this SECTION 2.21 shall be deemed a superpriority administration expense obligation the extent and in the amount of such Borrower arising under Section 503(b) of the Bankruptcy Code payment constitute a payment and shall be junior in priority only to the Obligations discharge of such Borrower under Borrower's Obligations on the Loan DocumentsNote and the Loan.

Joint and Several Liability Payment Indemnifications. (ai) All Obligations of the Borrowers under the Loan Documents shall be the joint and several Obligations of each Borrower. The Obligations of and the Liens granted by any such Borrower under the Loan Documents shall not be impaired or released by any action or inaction on the part of Agent or any Lender with respect to any other Credit PartyBorrower, including any action or inaction which would otherwise release a surety. (bii) In order to provide for just and equitable contribution between the Borrowers if any payment is made by any a Borrower (a "FUNDING BORROWER"``Funding Borrower'') in discharging any of the Obligations, that Funding Borrower shall be entitled to a contribution from the other Borrowers for all payments, damages and expenses incurred by that Funding Borrower in discharging the Obligations, in the manner and to the extent required set forth in this Section 2.9(b). Any amount payable as contribution under this Section 2.9(b) shall be determined as of the date on which the related payment is made by a Funding Borrower. For purposes of this Agreement, the Note and the other Loan Documents, the ``Benefit Amount'' of a Borrower as of any date of determination shall be the net value of the benefits to allocate liabilities such Borrower from the extensions of credit under this Agreement or the other Loan Documents. A Borrower shall be liable to a Funding Borrower in an equitable manner among aggregate amount equal to (i) the ratio of (x) the Benefit Amount of such Borrower to (y) the total amount of all Benefit Amounts of all Borrowers on multiplied by (ii) the basis amount of the relative benefits received Obligations paid by the Borrowerssuch Funding Borrower. If and to the extent that a Funding Borrower makes any payment to any Lender or any other Person in respect of the Obligations, any claim which said Funding Borrower may have against the other Borrowers Borrower by reason thereof shall be subject and subordinate to the prior cash payment in full of the Obligations. The parties hereto acknowledge that the right to contribution hereunder shall constitute an asset of the party to which such contribution is owing. Notwithstanding any of the foregoing to the contrary, such contribution arrangements shall not limit in any manner the joint and several nature of the Obligations, limit, release or otherwise impair any rights of Agent or any Lender under the Loan Documents, or alter, limit or impair the obligation of each Borrower, which is absolute and unconditional, to repay the Obligations. The obligation of any Borrower to make any contribution to another Borrower under this SECTION 2.21 shall be deemed a superpriority administration expense obligation of such Borrower arising under Section 503(b) of the Bankruptcy Code and shall be junior in priority only to the Obligations of such Borrower under the Loan Documents.

Joint and Several Liability Payment Indemnifications. (a) All Obligations of the Borrowers under the Loan Financing Documents shall be the joint and several Obligations of each Borrowerthe Borrowers. The Obligations of and the Liens granted by any such Borrower under the Loan Financing Documents shall not be impaired or released by any action or inaction on the part of Agent or any Lender with respect to any other Credit Party, including any action or inaction which would otherwise release a surety. (b) In order to provide for just and equitable contribution between the Borrowers if any payment is made by any a Borrower (a "FUNDING BORROWERFunding Borrower") in discharging any of the Obligations, that each of the Funding Borrower Borrowers shall be entitled to a contribution from the other Borrowers for all payments, damages and expenses incurred by that such Funding Borrower in discharging the Obligations, in the manner and to the extent required to allocate liabilities in an equitable manner among the Borrowers on the basis of the relative benefits received by the Borrowers. If and to the extent that a Funding Borrower makes any payment to any Lender or any other Person in respect of the Obligations, any claim which said Funding Borrower may have against the other Borrowers by reason thereof shall be subject and subordinate to the prior cash Cash payment in full of the Obligations. The parties hereto acknowledge that the right to contribution hereunder shall constitute an asset of the party to which such contribution is owing. Notwithstanding any of the foregoing to the contrary, such contribution arrangements shall not limit in any manner the joint and several nature of the Obligations, limit, release or otherwise impair any rights of any Agent or any Lender under the Loan Financing Documents, or alter, limit or impair the obligation of each Borrower, which is absolute and unconditionalunconditional and joint and several with the other Borrowers, to repay the Obligations. The obligation of any Borrower to make any contribution to another Borrower under this SECTION 2.21 Section 2.15 shall be deemed a superpriority an expense of administration expense obligation of such Borrower arising under 41 Section 503(b) of the Bankruptcy Code and shall be junior in priority only to the all Obligations of such Borrower and of the Borrowers under the Loan Financing Documents.

Joint and Several Liability Payment Indemnifications. (a) All Obligations of the Borrowers under the Loan Financing Documents shall be the joint and several Obligations of each Borrowerthe Borrowers. The Obligations of and the Liens granted by any such Borrower under the Loan Financing Documents shall not be impaired or released by any action or inaction on the part of any Agent or any Lender with respect to any other Credit Party, including any action or inaction which would otherwise release a surety. (b) In order to provide for just and equitable contribution between the Borrowers if any payment is made by any a Borrower (a "FUNDING BORROWERFunding Borrower") in discharging any of the Obligations, that each of the Funding Borrower Borrowers shall be entitled to a contribution from the other Borrowers for all payments, damages and expenses incurred by that such Funding Borrower in discharging the Obligations, in the manner and to the extent required to allocate liabilities in an equitable manner among the Borrowers on the basis of the relative benefits received by the Borrowers. If and to the extent that a Funding Borrower makes any payment to any Lender or any other Person in respect of the Obligations, any claim which said Funding Borrower may have against the other Borrowers by reason thereof shall be subject and subordinate to the prior cash Cash payment in full of the Obligations. The parties hereto acknowledge that the right to contribution hereunder shall constitute an asset of the party to which such contribution is owing. Notwithstanding any of the foregoing to the contrary, such contribution arrangements shall not limit in any manner the joint and several nature of the Obligations, limit, release or otherwise impair any rights of any Agent or any Lender under the Loan Financing Documents, or alter, limit or impair the obligation of each Borrower, which is absolute and unconditionalunconditional and joint and several with the other Borrowers, to repay the Obligations. The obligation of any Borrower to make any contribution to another Borrower under this SECTION 2.21 Section 2.14(b) shall be deemed a superpriority an expense of administration expense obligation of such Borrower arising under Section 503(b) of the Bankruptcy Code and shall be junior in priority only to the all Obligations of such Borrower and of the Borrowers under the Loan Financing Documents.

Joint and Several Liability Payment Indemnifications. (a) All Obligations of the Borrowers under the Loan Documents shall be the joint and several Obligations of the Borrowers and, in addition, shall be guaranteed by each BorrowerBorrower under the Borrowers' Guaranty. The Obligations of and the Liens granted by any such Borrower Borrowers under the Loan Documents shall not be impaired or released by any action or inaction on the part of any Agent or any Lender with respect to any other Credit Loan Party, including any action or inaction which would otherwise release a surety. (b) . The Obligations of each Borrower shall be limited in amount to an amount not to exceed the maximum amount of obligations that can be made or assumed by such Borrower without rendering such obligation made or assumed, as it relates to such Borrower, void or voidable under applicable laws relating to fraudulent conveyance, fraudulent transfer or other similar laws affecting the rights of creditors generally. In order to provide for just and equitable contribution between among the Borrowers if any payment is made by any Borrower of the Borrowers (a "FUNDING BORROWER") in discharging any of the Obligations, that such Funding Borrower shall be entitled to a contribution from the each other Borrowers Borrower for all payments, damages and expenses incurred by that such Funding Borrower in discharging the Obligations, in the manner and to the extent required to allocate liabilities in an equitable manner among the Borrowers on the basis of the relative benefits received by the Borrowers. If and to the extent that a Funding Borrower makes any payment to any Lender or any other Person in respect of the Obligations, any claim which said Funding Borrower may have against the other Borrowers by reason thereof shall be subject and subordinate to the prior cash payment in full of the Obligations. The parties hereto acknowledge that the right to contribution hereunder shall constitute an asset of the party to which such contribution is owing. Notwithstanding any of the foregoing to the contrary, such contribution arrangements shall not limit in any manner the joint and several nature of the Obligations, limit, release or otherwise impair any rights of Agent or any Lender under the Loan Documents, or alter, limit or impair the obligation of each Borrower, which is absolute and unconditional, to repay the Obligations. The obligation of any Borrower to make any contribution to another Borrower under this SECTION 2.21 shall be deemed a superpriority administration expense obligation of such Borrower arising under Section 503(b) of the Bankruptcy Code and shall be junior in priority only to the Obligations of such Borrower under the Loan Documents.the